District of Vermont

The Office of the United States Attorney for the District of Vermont announced that, on October 2, 2020, Michael Scaduto, 33, of Littleton, Massachusetts, pleaded guilty in United States District Court in Burlington, to an information that charged him with assaulting a U.S. Border Patrol Agent.  Chief Judge Geoffrey W. Crawford allowed Scaduto to continue on release conditions pending sentencing, which is scheduled for February 5, 2021.

United States Attorney Christina E. Nolan stated:  “As this conviction reflects, the U.S. Attorney’s Office will not tolerate assaults on those who protect, serve, and put themselves in harm’s way to make Vermont communities safer.  Those who commit such offenses against federal agents will continue to find themselves facing consequences in federal court.  We thank our brave men and women in uniform at all levels of law enforcement for their daily sacrifices in the name of public safety.”

At the guilty plea hearing, Scaduto admitted that, after a U.S. Border Patrol Agent had pulled Scaduto over on Route 105 in the vicinity of Richford, Vermont, Scaduto got out of his vehicle and approached the U.S. Border Patrol Agent.  Scaduto gesticulated and shouted at the Border Patrol Agent, and grabbed the Border Patrol Agent in the area of his shoulders and forcibly interfered with the Border Patrol Agent while the Border Patrol Agent was engaged in the performance of his official duties.

At sentencing, Scaduto faces a maximum possible term of imprisonment of one year and a fine of up to $100,000.00.  In the plea agreement, the United States and Scaduto have agreed to recommend that the Court impose a $3,000 fine and that Scaduto perform 50 hours of community service.  The United States indicated that it would seek a sentence of incarceration for Scaduto, which Scaduto indicated he would oppose. 

The matter was investigated by the Federal Bureau of Investigation, with assistance from the U.S. Border Patrol.  The case is being prosecuted by Assistant U.S. Attorney Andrew Gilman.  Scaduto is represented by Mark Kaplan, Esq.

The Office of the United States Attorney for the District of Vermont announced that Samantha Simms, 33, of Burlington, was sentenced on September 25, 2020, by U.S. District Judge Christina Reiss to time-served to be followed by three years of supervised release and a $4,000 fine.    

According to court documents, on March 3, 2020, the Vermont State Police received a call from Michael Haines in Cambridge. Haines told a trooper that a person he knew as “Tee,” was attempting to break into his house and that Tee was outside his residence in a truck with Sam Simms. While on the call with the trooper, Haines suddenly said, “I’m shot, I’m shot.” When troopers arrived on scene, they found Haines deceased on the floor of his kitchen. Haines’s death has been ruled a homicide.

Investigation into the homicide has indicated that Simms drove Tee, a.k.a. Taylor Ruffin Herrington, to Haines’s residence in Cambridge and Herrington shot into Haines’s house in a dispute over drugs. Herrington has been charged in federal court with carrying and using a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c), and conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 846.

After the shooting, Simms drove Herrington back to Chittenden County. Later that evening, a confidential informant (CI) working with the Vermont Drug Task Force arranged a controlled buy of methamphetamine from Simms. The CI met with Simms and Simms provided the CI with less than one gram of meth. Simms was arrested and later pleaded guilty to distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1).

The United States was represented in this matter by Assistant U.S. Attorney Wendy Fuller. Samantha Simms was represented by Karen Shingler, Esq., and Norman Blais, Esq.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont announced that Brian Warner, 47, of Addison County, Vermont was arrested on September 24, 2020.  A federal grand jury indicted Warner for possessing a firearm having been previously convicted of a felony.

According to court records, the charge in the Indictment relates to Warner’s possession of a firearm at the Texas Falls Recreation Area in Hancock, Vermont, on or about August 1, 2020.  Warner shot his girlfriend in the leg with the firearm, a 9mm semiautomatic pistol with a high-capacity magazine.  Law enforcement learned of Warner’s unlawful possession of the pistol after his girlfriend sought medical treatment for her gunshot wound.  Warner was at the time prohibited from possessing firearms under federal law due to his felony record.

Warner pleaded not guilty to the Indictment at his arraignment before Chief U.S. District Judge Geoffrey W. Crawford on September 25, 2020.  Warner remains in custody pending a detention hearing on September 30, 2020. 

If convicted, Warner faces a maximum of ten years of imprisonment and a $250,000 fine.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charge in the indictment is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.

The United States is represented in this matter by Assistant U.S. Attorney Spencer Willig.  The defendant is represented by the Federal Public Defender.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.

For more information, please see https://www.justice.gov/projectguardian.

The United States Attorney for the District of Vermont announced that a federal jury in Rutland today found Shequille Carter, 27, of The Bronx, New York, guilty of possessing with intent to distribute heroin, fentanyl and 28 grams or more of cocaine base following a two-day trial. Chief Judge Geoffrey Crawford ordered that Carter, who has been detained since his arrest in January, remain in jail pending sentencing, which has not yet been scheduled.

Last September, a federal grand jury charged Carter in a one count indictment with possessing drugs with intent to distribute. Carter’s indictment stemmed from a car stop in Marshfield on August 21, 2019. Agents from the Drug Enforcement Administration and the Vermont State Police investigated a house in St. Johnsbury that was a known drug-trafficking location.  Agents saw a car containing Carter and two others leave the St. Johnsbury residence. A state trooper stopped the car for a traffic infraction. During a search of the car’s interior, the trooper found about 290 bags of heroin laced with fentanyl and about 41 grams of crack cocaine.  The drugs were recovered from a center console in the rear seat of the vehicle, where Carter had been sitting. Carter also had $3071 on his person. In Carter’s cellphone, investigators found text messages and other entries indicative of drug-trafficking.

Carter faces up to 40 years of imprisonment and a fine of up to $5 million. The actual sentence will be determined with reference to federal sentencing guidelines.

This was the first jury trial conducted in either federal or state court in Vermont since last March, when trials were suspended because of the pandemic.
 
Carter is represented by Assistant Federal Public Defender Elizabeth Quinn and Federal Public Defender Michael Desautels. The prosecutors are Assistant U.S. Attorneys Spencer Willig and Gregory Waples.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150years.

The Office of the United States Attorney for the District of Vermont announced that Mark Anthony Eusebio, aka “Slim,” 27, of New York City, was arrested yesterday after having been charged with conspiracy to distribute and distribution of 28 grams or more of cocaine base, a Schedule II drug.  Eusebio appeared today before the Honorable John M. Conroy, United States Magistrate Judge, and was ordered detained pending a detention hearing.

According to court records, the Vermont State Police’s Northeastern Vermont Drug Task Force, the Federal Bureau of Investigation, and Homeland Security Investigations began investigating Eusebio earlier this month.  On September 4, 2020, Eusebio and a criminal associate distributed approximately 74 grams of cocaine base to a confidential informant at the Vermont Welcome Center in Guilford, Vermont, just off Interstate 91.  On September 21, 2020, law enforcement located Eusebio operating a Toyota Rav 4 in Springfield, Massachusetts.  Agents arrested Eusebio and searched his vehicle.  Inside a hidden compartment, agents located a Ruger handgun and approximately 60 grams of suspected cocaine base.  Hidden elsewhere in the vehicle, agents located approximately 10 grams of suspected cocaine base and 20 grams of suspected fentanyl.

If convicted, Eusebio faces a mandatory minimum of five years of imprisonment and a maximum of forty years of imprisonment on each count.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the coordinated investigative efforts of the Vermont State Police, the Federal Bureau of Investigation in Vermont, Homeland Security Investigations in Derby Line, Homeland Security Investigations in Springfield, Massachusetts, the Federal Bureau of Investigation Western Massachusetts Gang Task Force, and the Massachusetts State Police Gang Unit. 

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant Eusebio is represented by the Office of the Federal Public Defender.

The Justice Department today announced that Senior Judge William K. Sessions III sentenced Brian Folks, 45, to 270 months in prison today.

A federal jury in Burlington, Vermont, previously found Folks guilty of 13 federal felonies after a nearly three-week trial back in May 2019. Evidence presented at trial showed that Folks ran an extensive and violent sex and drug trafficking operation that sold heroin and cocaine base throughout the greater Burlington area and forced young, drug-addicted women to prostitute

In May 2019, a federal jury convicted Folks of five counts of sex trafficking by force, fraud, or coercion, one count of sex trafficking of a minor, one count of operating an unlawful prostitution business enterprise, four counts of distributing heroin, one count of possessing heroin and cocaine base with the intent to distribute, and one count of conspiracy to distribute heroin and cocaine base.   

“This defendant used intimidation, humiliation, degrading acts, and violence to force young women suffering from opioid addictions to perform commercial sex acts,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “His barbaric bullying caused them immeasurable harm, and he helped destroy people and their families by illegally dealing opioid drugs. Today’s sentence will help the victims in the healing process and show that depraved conduct, like this defendant’s, will not be tolerated. The Department of Justice will continue its vigorous efforts to hold human traffickers accountable, bring justice to their victims, and prevent them from harming others.”

“This significant term of imprisonment reflects the inhumanity with which Folks treated his victims and the depravity of his conduct,” said U.S. Attorney Christina E. Nolan for the District of Vermont. “The U.S. Attorney’s Office will continue to work alongside our community partners and law enforcement agencies to identify victims of human trafficking, get them support, and bring serious consequences to those who abuse them mentally and physically. We in Vermont law enforcement simply won’t tolerate this conduct.”  

“As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and our communities,” said the Drug Enforcement Agency’s (DEA) Special Agent in Charge Brian D. Boyle. “These crimes rob the neighbors of safety and hold law abiding citizens of Vermont hostage to drug fueled lawlessness. Today’s sentence not only holds Folks accountable for his crimes but serves as a warning that DEA and its local, state and federal law enforcement partners will do everything in our power to bring to justice anyone who engages in these crimes.”

Evidence presented at trial, including the testimony of four victims, established that defendant Brian Folks operated two, intertwined criminal operations between June 2012 and March 2016. One operation sold heroin and cocaine base throughout the greater Burlington area. The other forced young, drug-addicted women to prostitute. The defendant used his access to drugs to target and recruit young, vulnerable women. After providing them with drugs, he manipulated their addictions as part of his coercive scheme to prostitute them. He also often engaged in extreme acts of humiliation and degradation to assert his power and control over the victims. He forced the victims to perform commercial sex acts for his profit or face serious consequences.  This included beating them, often in front of other victims, creating a climate of fear and intimidation, and he sexually assaulted them as well. He withheld heroin from the victims, causing them to suffer painful physical and mental withdrawal symptoms, until they saw commercial sex clients. He also videotaped them performing explicit and humiliating sex acts on him, with him, and for him, and threatened to expose those videos to the public. Among the defendant’s victims was a 17-year-old, who also suffered from heroin-addiction. The defendant recruited her to prostitute, photographed her, and advertised her online for prostitution.

This case was investigated by the DEA’s New England Division, with assistance from the Burlington, Winooski, and Essex, Vermont, Police Departments and the FBI. It is being prosecuted by Assistant U.S. Attorney Andrew Gilman for the District of Vermont and Special Litigation Counsel Matthew Grady for the Civil Rights Division’s Human Trafficking Prosecution Unit. Former Assistant U.S. Attorney William Darrow for the District of Vermont and former Trial Attorney Emily Savner for the Civil Rights Division’s Criminal Section also prosecuted the case.

The Honorable William K. Sessions III sentenced Brian Folks, 45, to twenty-two years and six months in prison today, followed by ten years of supervision upon release.  A federal jury in Burlington, Vermont, previously found Folks guilty of 13 federal felonies after a nearly three-week trial back in May 2019.  Evidence presented at trial showed that Folks ran an extensive and violent sex and drug trafficking operation that sold heroin and cocaine base throughout the greater Burlington area and forced young, drug-addicted women to prostitute.  Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Christina E. Nolan for the District of Vermont, and DEA Special Agent in Charge-Boston Brian D. Boyle announced the sentence. 

In May 2019, a federal jury convicted Folks of five counts of sex trafficking by force, fraud, or coercion, one count of sex trafficking of a minor, one count of operating an unlawful prostitution business enterprise, four counts of distributing heroin, one count of possessing heroin and cocaine base with the intent to distribute, and one count of conspiracy to distribute heroin and cocaine base.  Following trial, the Court dismissed one of two counts of sex trafficking by force, fraud, or coercion with respect to one victim.  When imposing the sentence, Judge Sessions indicated that he would later determine the amount of restitution Folks owes the victims of the crimes.

U.S. Attorney Christina E. Nolan stated: “This significant term of imprisonment reflects the inhumanity with which Folks treated his victims and the depravity of his conduct. The U.S. Attorney’s Office will continue to work alongside our community partners and law enforcement agencies to identify victims of human trafficking, get them support, and bring serious consequences to those who abuse them mentally and physically.  We in Vermont law enforcement simply won’t tolerate this conduct.”  
 
“This defendant used intimidation, humiliation, degrading acts, and violence to force young women suffering from opioid addictions to perform commercial sex acts,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “His barbaric bullying caused them immeasurable harm, and he helped destroy people and their families by illegally dealing opioid drugs.  Today’s sentence will help the victims in the healing process and show that depraved conduct, like this defendant’s, will not be tolerated.  The Department of Justice will continue its vigorous efforts to hold human traffickers accountable, bring justice to their victims, and prevent them from harming others.”

“As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and our communities,” said DEA Special Agent in Charge Brian D. Boyle.  “These crimes rob the neighbors of safety and hold law abiding citizens of Vermont hostage to drug fueled lawlessness.  Today’s sentence not only holds Mr. Folks accountable for his crimes but serves as a warning that DEA and its local, state and federal law enforcement partners will do everything in our power to bring to justice anyone who engages in these crimes.”

Evidence presented at trial, including the testimony of four victims, established that defendant Brian Folks operated two, intertwined criminal operations between June 2012 and March 2016.  One operation sold heroin and cocaine base throughout the greater Burlington area.  The other forced young, drug-addicted women to prostitute.  The defendant used his access to drugs to target and recruit young, vulnerable women.  After providing them with drugs, he manipulated their addictions as part of his coercive scheme to prostitute them.  He also often engaged in extreme acts of humiliation and degradation to assert his power and control over the victims.  He forced the victims to perform commercial sex acts for his profit or face serious consequences.  This included beating them, often in front of other victims, creating a climate of fear and intimidation, and he sexually assaulted them as well.  He withheld heroin from the victims, causing them to suffer painful physical and mental withdrawal symptoms, until they saw commercial sex clients.  He also videotaped them performing explicit and humiliating sex acts on him, with him, and for him, and threatened to expose those videos to the public.  Among the defendant’s victims was a 17-year-old, who also suffered from heroin addiction.  The defendant recruited her to prostitute, photographed her, and advertised her online for prostitution.

This case was investigated by the Drug Enforcement Agency’s New England Division, with assistance from the Burlington, Winooski, and Essex, Vermont, Police Departments and the FBI.  It is being prosecuted by Assistant U.S. Attorney Andrew Gilman for the District of Vermont and Special Litigation Counsel Matthew Grady for the Civil Rights Division’s Human Trafficking Prosecution Unit.  Former Assistant U.S. Attorney William Darrow for the District of Vermont and former Trial Attorney Emily Savner for the Civil Rights Division’s Criminal Section also prosecuted the case.

The Office of the United States Attorney for the District of Vermont announced that on September 15, 2020, the following individuals were indicted by a federal grand jury for drug and firearms offenses:

•    James Felix, a.k.a. “Mike,” 37, of Orlando, Florida
•    Johnny Ford, a.k.a. “Sonny,” 33, of Orlando, Florida
•    Brandon Sanders, a.k.a. “Baby Boy,” 19, of Orlando, Florida
•    Lesine Woodson, a.k.a. “Coco” and “Lexi,” 33, of Orlando, Florida

The Third Superseding Indictment charges all four defendants with conspiracy to distribute 28 grams or more of cocaine base and conspiracy to commit a firearm offense.  Felix and Ford are additionally charged with being felons in possession of a firearm and using, carrying and discharging a firearm during and in relation to a controlled substance offense. 

According to Court records, on April 16, 2019, in Burlington’s Old North End, Benzel Hampton was shot and killed.  Hampton had previously partnered with Lesine Woodson to distribute cocaine base in and around Burlington, Vermont.  In January 2019, Hampton was arrested after leading police on a high-speed chase. Woodson – a passenger in the car – had more than $8,600 of United States currency hidden under her clothing.  This event led to a feud between Hampton and Woodson.

Woodson’s dispute with Hampton escalated and she brought James Felix and Johnny Ford to Vermont.  On April 16, 2019, after learning of a text message sent by Hampton, Woodson drove Felix, Ford and Sanders to confront Hampton at 235 North Willard Street in Burlington.  A gun battle ensued and Hampton was shot at least six times with two separate firearms, leading to his death.  The indictment alleges that Felix and Ford discharged these firearms.  After the shooting Ford arranged for the disposal of the firearms.  These firearms were later recovered by law enforcement in a wooded area in South Burlington.  The cause of Hampton’s death was later determined to be gunshot wounds to his torso and head.  

Felix and Woodson were arrested on April 16, 2019 in Burlington, and Ford and Sanders were arrested in Enfield, Connecticut, where police discovered approximately $17,000 and over 100 grams of cocaine base in their motel room. 

The charges are merely accusations and each defendant is presumed innocent unless and until proven guilty.  If convicted, Felix and Ford face up to life imprisonment and an overall mandatory minimum sentence of 15 years, while Woodson and Sanders face up to 40 years of imprisonment and a mandatory minimum of 5 years.  Each defendant’s ultimate sentence will be advised by the Federal Sentencing Guidelines.  

Previously, a Second Superseding Indictment additionally charged Angelina Pearson-Fitzpatrick, 56, of Burlington, and Devlin Koski, 31, of South Hero with participation in the conspiracy to distribute 28 grams or more of cocaine base.  The Second Superseding Indictment further charged Pearson-Fitzpatrick with participation in the conspiracy to commit a firearm offense.  On July 15, 2020, Pearson-Fitzpatrick pleaded guilty to the charges in the Second Superseding Indictment.  On August 19, 2020, Koski also pleaded guilty to the charge in the Second Superseding Indictment.  Both Pearson-Fitzpatrick and Koski await sentencing.

Assistant United States Attorneys Nathanael T. Burris and Paul J. Van de Graaf are handling the case for the government.  Felix is represented by Attorney David Sleigh; Ford is represented by Attorney Robert Katims; Sanders is represented by Attorney Frank Twarog; Woodson is represented by Attorney Peter Langrock; Pearson-Fitzpatrick is represented by Attorney John-Claude Charbonneau; and Koski is represented by Attorney Paul Volk.  

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.

For more information, please see https://www.justice.gov/projectguardian.

The Office of the United States Attorney for the District of Vermont announced that a federal grand jury returned a 19-Count Fourth Superseding Indictment yesterday charging Krystal Whitcomb, 28, formerly of Waterford, VT, Michael Hayes a.k.a. Moe, 38, formerly of Washington, DC, and John Welch, 34, formerly of Woodsville, NH, with using and carrying a firearm during and in relation to a drug trafficking crime, during which Whitcomb, Hayes and Welch caused the death of Michael Pimental by murder. Whitcomb, Hayes and Welch were also charged with discharging a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during a drug trafficking crime. Two new defendants were added to the indictment: Michael Ashford, 31, of Ryegate, VT, who is charged in a cocaine conspiracy with Hayes and Welch; and a sealed defendant who is charged as an accessory after the fact along with Hayes. The defendants will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy at a date to be scheduled in the future.

According to court documents and proceedings, on October 14, 2018, the body of Michael Pimental was found along the side of the road in Concord, VT. Pimental had been shot and his death has been ruled a homicide. Pimental was the boyfriend of Krystal Whitcomb and investigation revealed that Whitcomb and Pimental had been distributing heroin out of their residence in Waterford, VT. Michael Hayes, Michael Ashford and John Welch, all acquaintances of Whitcomb’s, were also involved in the sale of drugs. In and around the weekend of October 12, 2018, Whitcomb, Hayes and Welch planned the homicide of Pimental and on October 13, 2018, John Welch shot Pimental in connection with a drug trafficking crime. On October 14, 2018, Whitcomb and Hayes were stopped in New Hampshire in a Cadillac registered to Pimental. A search of the vehicle recovered firearms, and a large quantity of drugs and U.S. currency. Pimental’s blood was also found in the trunk of the car.  

In February 2019, John Welch offered to sell a firearm to a person in NH. Shortly thereafter, law enforcement found Welch along the side of the road in Bath, NH, attempting to dig in the ground with a shovel. Because it was February and the ground was frozen, law enforcement was not able to search the area where Welch had been digging.  However, in June 2019, law enforcement returned to the same location where Welch had been digging and ultimately found a backpack containing a firearm believed to be the murder weapon.   
 
The death resulting charge, 18 U.S.C. § 924(j), is punishable either by death or up to life imprisonment. The government has notified the court and the parties that the government will not seek the death penalty against the defendants. On the death resulting charge, Whitcomb, Hayes and Welch therefore each face a possible life sentence and up to a $250,000 fine.

Whitcomb, Hayes and Welch also face a mandatory minimum sentence of 10 years, a maximum of life, and up to a $250,000 fine on the charge of discharging a firearm during and in relation to a drug trafficking crime. On the cocaine conspiracy charge, Ashford faces a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and up to a $5,000,000 fine. The accessory after the fact charge carries a maximum of 15 years in prison and up to a $250,000 fine. The actual sentences would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

This case was investigated by the Vermont State Police Major Crime Unit, the Department of Homeland Security Investigations, the New Hampshire State Police, the Bath New Hampshire Police Department and the Grafton County Sheriff’s Department.

“Today’s indictment is the result of a longstanding and successful collaboration between state and federal law enforcement,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “The Vermont State Police would like to thank all the investigators for their tireless work on this case.”  U.S. Attorney Christina Nolan stated:  “The grand jury indictment is the product of a relentless focus by law enforcement on combatting violent crime and the strong partnerships amongst Vermont law enforcement at all levels.” 

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The United States is represented in this matter by Assistant U.S. Attorneys Wendy L. Fuller and John J. Boscia. Krystal Whitcomb is represented by Michael Straub, Esq. Michael Hayes a.k.a. Moe is represented by Tom Sherrer, Esq. John Welch is represented by Robert S. Behrens, Esq. Michael Ashford is represented by Gordon Gebauer, Esq. 

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities. 

             For more information, please see https://www.justice.gov/projectguardian.

Burlington, Vermont – The Justice Department’s Office on Violence Against Women (OVW) announced today that it will direct over $6 million in grant funding to Vermont victims service organizations to curb domestic violence. These awards are part of a larger portfolio of new grants designed to help law enforcement, victim services providers, and prosecutors identify and assist victims at high risk for being killed by an abusive partner.

Christina Nolan, United States Attorney for the District of Vermont, noted: “As hard as my office works – and will continue to work – to prevent violent offenders from causing harm and death, we know that victims need more than justice in court to recover and move forward. The OVW grants to victim services groups in Vermont will help identify victims, support their recovery, and give them the chance at living the rest of their lives free from abuse.”  A pamphlet summarizing federal crimes that could potentially be charged against domestic violence offenders can be found at www.justice.gov/usao-vt/page/file/1204336/download. 

Each year, a significant number of Vermont’s homicides occur in the domestic violence context – nearly half in recent years.  And, according to data maintained by the FBI, across the country, over 1,500 women were murdered by a current or former intimate partner in a recent year. “Identifying victims who face a heightened risk of being killed by their husbands or boyfriends—and putting effective measures in place to keep them safe and stop their abusers—is something all justice and victim services professionals want to do. But training and proven strategies are key,” said OVW Principal Deputy Director Laura Rogers. “For that reason, we are building on our prior investments in domestic violence homicide reduction, and doing what we can to help communities in Vermont and across the country implement ways of spotting victims in grave danger and holding offenders accountable.”

OVW’s current and forthcoming investments in Vermont foster coordinated responses, making available resources for investigation and prosecution, transitional housing, and other services for victims. For example, a new National Domestic Violence Homicide Prevention Training and Technical Assistance Resource Center, funded through a grant to the New York-based Center for Court Innovation, will provide training to jurisdictions including the City of St. Albans, in Vermont, which has also received a $704,555 award to craft and implement a homicide reduction strategy and other crime response strategies in partnership with the victim service provider Voices Against Violence.

Included in the over $6 million in awards that will be issued to organizations and government agencies in Vermont are:

• $243,619 to the Vermont Network against Domestic and Sexual Violence to coordinate victim services and collaborate with federal, state, and local entities on addressing  violence against women.

• $450,000 to the Pride Center of Vermont to develop and implement strategies targeted at adult or youth victims in underserved populations, and to provide victim services to meet the needs of such populations. 

• $549,922 to Champlain Valley Office of Economic Opportunity, Inc., in Burlington, and its collaborative partners, Vermont Legal Aid, Deaf Vermonters Advocacy Services, and Franklin and Grand Isle Superior Court, to provide legal assistance, supervised visitation in cases involving domestic violence, and training for community partners on serving deaf/hard of hearing victims.

• $485,000 to WomenSafe, Inc., in Middlebury; $465,000 to Project Against Violent Encounters, in Bennington; and $351,255 to Steps to End Domestic Violence, Inc., in Burlington, to provide transitional housing and related services to victims and their children.

• $439,754 to Umbrella, in St. Johnsbury, to provide services to children and youth who are victims of, or are otherwise exposed to, domestic and sexual violence, including support for their non-abusing parents and caretakers.

• $391,870 to Have Justice Will Travel, in Vershire, to help identify and provide services to victims in rural communities, prevent and raise awareness in rural areas, and provide legal services to victims in Bennington and Rutland counties.

• $1,308,392 in formula grant funds to the Vermont Center for Crime Victim Services to assist rape crisis centers and other organizations that provide services to sexual assault victims and to promote partnerships and collaboration amongst law enforcement, prosecutors, the court system, and victim services providers; and $749,985 to the Center to identify and support victims in rural communities.

WomenSafe, Inc., an organization whose work OVW is proud to support again this year, recently reported to OVW that grant funds afford survivors “a safety net, and a window of time to make and achieve financial goals for themselves, including finding employment and enrolling in training programs or other job readiness or educational pursuits, while still being housed quickly. This can result in shorter periods of homelessness.” OVW, recognizing that safe housing is vital to helping victims get back on their feet, redoubles its commitment to supporting such efforts in Vermont with this 2020 grants package.

A federal grand jury in the District of Vermont returned a third superseding indictment today against a Burlington man for conspiring to kidnap and kill a man in a foreign country, murder for hire, and five child pornography offenses.  

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Christina E. Nolan of the District of Vermont, and Resident Agent in Charge Michael Shea of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) – Burlington, Vermont, made the announcement.   

Sean Fiore, 36, was charged with one count of conspiring to kidnap and murder a man in a foreign country from within the United States, one count of producing and attempting to produce child pornography, one count of conspiring to produce child pornography, and one count of receiving and attempting to receive child pornography.  Fiore is also charged with using interstate commerce facilities, namely cell phones and the Internet, in the commission of murder-for-hire, and an additional count each of possession and receipt of child pornography, with which he was charged in prior indictments. 

Fiore was arrested in May 2019, as part of an operation conducted by Vermont’s Internet Crimes Against Children Task Force (VT-ICAC) and HSI, that involved executing search warrants on several residences in May 2019, based on cyber tips that were received from the National Center for Missing and Exploited Children.  Fiore is currently detained pending trial, and his initial appearance on the superseding indictment will take place before Magistrate Judge John M. Conroy in the District of Vermont on a date yet to be scheduled.  

The indictment alleges that between November 2018 and April 2019, Fiore knowingly and intentionally used and caused to be used facilities of interstate and foreign commerce, namely, the Internet and cell phones, with the intent of paying someone to kidnap and murder an adult male in a foreign country.  Fiore is alleged to have conspired with that person to have a male victim kidnapped, bound, tortured, and then murdered, so that a video of the torture and killing could be made.  Fiore allegedly paid approximately $4,000 for the video to be made.  

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The investigation was conducted by HSI.  Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Barbara Masterson of the District of Vermont are prosecuting the case with the assistance of the Criminal Division’s Child Exploitation and Obscenity Section and the Justice Department’s Office of International Affairs. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Third Superseding Indictment on September 15, 2020, which charged Sean Fiore, 36, of Burlington, Vermont, with murder for hire, conspiracy to kidnap and murder a person overseas, and five child pornography offenses.  A second person was charged with Fiore in the Third Superseding Indictment, but the identifying information about that person is currently under seal by order of the court.  Fiore will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy on a date to be scheduled in the future. 

According to court records and proceedings, a search warrant was executed at Fiore’s residence on May 17, 2019, as part of a coordinated operation by Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force where multiple residences were searched for child pornography.  Fiore was arrested on that date.  On the day of his arrest, Fiore was about to graduate from the University of Vermont with a degree as a nurse practitioner.  On May 20, 2019, Magistrate Judge Conroy ordered Fiore released on conditions.  On May 24, 2019, the grand jury returned a single-count indictment against Fiore that charged him with possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).  On August 22, 2019, the grand jury returned a Superseding Indictment that added a single count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2).  On May 21, 2020, Magistrate Judge Conroy ordered Fiore detained pending trial after finding he violated the terms and conditions of his pretrial release.  On August 13, 2020, the grand jury returned a Second Superseding Indictment, which added a single count of use of a facility of interstate and/or foreign commerce (cell phone and Internet) with the intent that a murder be committed for money (murder for hire), in violation of 18 U.S.C. § 1958(a).

Today, September 15, 2020, the grand jury returned a Third Superseding Indictment, which added four counts.  The first, conspiracy to kidnap and murder an individual in another country, in violation of 18 U.S.C. § 956, alleges that while Fiore was in Vermont, he requested that a person in another country (Codefendant #1) make a video for him that depicted the beating, torture, and killing of a kidnapped adult male.  According to the grand jury, Fiore and Codefendant #1 communicated using email and social media regarding Fiore’s specifications for the video.  Fiore sent approximately $4,000 to Codefendant #1 for the making of the video.  On April 8, 2019, Fiore received a link from an email used by Codefendant #1 that accessed a video which depicted the torture and apparent killing of an adult male who was restrained and tied to a bed.  The charged conduct in this count is related to the previously brought murder for hire count.

The Third Superseding Indictment also added three child pornography counts.  Two counts charged that Fiore and Codefendant #1 produced and attempted to produce, and conspired to produce, a video file depicting a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. §  2251.  The final count alleged that Fiore and Codefendant #1 received and attempted to receive, and aided and abetted the receipt, of video files that depicted a child engaged in sexually explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(2), 2.

U.S. Attorney Christina Nolan emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Fiore’s sentence will be determined by the advisory United States Sentencing Guidelines, the sentencing factors set forth at 18 U.S.C. § 3553(a), and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction. 

U.S. Attorney Nolan makes this announcement with Acting Assistant Attorney General Brian C. Rabbit of the Justice Department’s Criminal Division, and Michael Shea, acting Special Agent in Charge, Homeland Security Investigations (HSI), Boston.  U.S. Attorney Nolan commended the efforts of the Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force, and is grateful for the expertise contributed to the prosecution by the Department of Justice (DOJ) Human Rights and Special Prosecutions Section, DOJ Child Exploitation and Obscenity Section, and DOJ Office of International Affairs.

Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, and Mona Sahaf, Trial Attorney with the Department of Justice’s Human Rights and Special Prosecutions Section, are handling the prosecution of Fiore.  Maryanne E. Kampmann of Stetler, Allen, Kampmann & Sussman, PLLC, represents Fiore. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont announced that a federal grand jury returned a 19-Count Fourth Superseding Indictment today charging Krystal Whitcomb, 28, formerly of Waterford, VT, Michael Hayes a.k.a. Moe, 38, formerly of Washington, DC, and John Welch, 34, formerly of Woodsville, NH, with using and carrying a firearm during and in relation to a drug trafficking crime, during which Whitcomb, Hayes and Welch caused the death of Michael Pimental by murder. Whitcomb, Hayes and Welch were also charged with discharging a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during a drug trafficking crime. Two new defendants were added to the indictment: Michael Ashford, 31, of Ryegate, VT, who is charged in a cocaine conspiracy with Hayes and Welch; and a sealed defendant who is charged as an accessory after the fact along with Hayes. The defendants will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy at a date to be scheduled in the future.

According to court documents and proceedings, on October 14, 2018, the body of Michael Pimental was found along the side of the road in Concord, VT. Pimental had been shot and his death has been ruled a homicide. Pimental was the boyfriend of Krystal Whitcomb and investigation revealed that Whitcomb and Pimental had been distributing heroin out of their residence in Waterford, VT. Michael Hayes, Michael Ashford and John Welch, all acquaintances of Whitcomb’s, were also involved in the sale of drugs. In and around the weekend of October 12, 2018, Whitcomb, Hayes and Welch planned the homicide of Pimental and on October 13, 2018, John Welch shot Pimental in connection with a drug trafficking crime. On October 14, 2018, Whitcomb and Hayes were stopped in New Hampshire in a Cadillac registered to Pimental. A search of the vehicle recovered firearms, and a large quantity of drugs and U.S. currency. Pimental’s blood was also found in the trunk of the car.   

In February 2019, John Welch offered to sell a firearm to a person in NH. Shortly thereafter, law enforcement found Welch along the side of the road in Bath, NH, attempting to dig in the ground with a shovel. Because it was February and the ground was frozen, law enforcement was not able to search the area where Welch had been digging.  However, in June 2019, law enforcement returned to the same location where Welch had been digging and ultimately found a backpack containing a firearm believed to be the murder weapon.    

The death resulting charge, 18 U.S.C. § 924(j), is punishable either by death or up to life imprisonment. The government has notified the court and the parties that the government will not seek the death penalty against the defendants. On the death resulting charge, Whitcomb, Hayes and Welch therefore each face a possible life sentence and up to a $250,000 fine. 

Whitcomb, Hayes and Welch also face a mandatory minimum sentence of 10 years, a maximum of life, and up to a $250,000 fine on the charge of discharging a firearm during and in relation to a drug trafficking crime. On the cocaine conspiracy charge, Ashford faces a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and up to a $5,000,000 fine. The accessory after the fact charge carries a maximum of 15 years in prison and up to a $250,000 fine. The actual sentences would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

This case was investigated by the Vermont State Police Major Crime Unit and the Department of Homeland Security Investigations. 

“Today’s indictment is the result of a longstanding and successful collaboration between state and federal law enforcement,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “The Vermont State Police would like to thank all the investigators for their tireless work on this case.”  U.S. Attorney Christina Nolan stated:  “The grand jury indictment is the product of a relentless focus by law enforcement on combatting violent crime and the strong partnerships amongst Vermont law enforcement at all levels.”  

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The United States is represented in this matter by Assistant U.S. Attorneys Wendy L. Fuller and John J. Boscia. Krystal Whitcomb is represented by Michael Straub, Esq. Michael Hayes a.k.a. Moe is represented by Tom Sherrer, Esq. John Welch is represented by Robert S. Behrens, Esq. Michael Ashford is represented by Gordon Gebauer, Esq.  

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.  

For more information, please see https://www.justice.gov/projectguardian.

The Office of the United States Attorney for the District of Vermont announced that Chyquan Cupe, aka “Cash,” was sentenced yesterday to 9 years of imprisonment for possessing firearms in furtherance of his drug trafficking activities and being the leader of a drug trafficking conspiracy which distributed cocaine base, heroin, and fentanyl in the area of Brattleboro, Vermont.  Chief U.S. District Judge Geoffrey W. Crawford also sentenced Cupe to a 4-year term of supervised release to follow his imprisonment. 

According to Court documents, Cupe was the leader and organizer of a drug trafficking organization which distributed narcotics from an apartment located at 33 Oak Street in Brattleboro over a five-month period.  On December 28, 2018, Brattleboro Police Officers executed a state search warrant at the apartment, resulting in the seizure of a sawed-off shotgun, a .38 caliber handgun with an obliterated serial number, a nautical flare gun, and a safe.  Inside the safe, officers located approximately 200 grams of cocaine base, 68 oxycodone/morphine pills of various dosages, numerous rounds of ammunition, and a bill of sale for a vehicle purchased by Cupe.  After this search, Cupe was a fugitive, but the drug trafficking activities continued at the 33 Oak Street apartment unabated. 

A Southern Vermont Drug Task Force investigation in January and February 2019 resulted in multiple controlled purchases of heroin and fentanyl from Desiree Wells-Cooper and Linda Wainwright.  On February 28, 2019, the Federal Bureau of Investigation and the Southern Vermont Drug Task Force executed a federal search warrant at the 33 Oak Street apartment, resulting in the seizure of approximately 10 grams of cocaine, 5 grams of cocaine base, a 9mm pistol, and $2,500 of U.S. currency.  Wells-Cooper, Wainwright, Juan Sanchez, Jr., and Francis Macie were all arrested on federal drug trafficking charges.

Subsequent witness interviews and searches of the contents of cellular phones and Facebook accounts revealed that Cupe’s drug organization trafficked hundreds of grams of heroin and hundreds of grams of cocaine base into Brattleboro for distribution.  The investigation also revealed that Pedro Ocasio, aka “Pluto,” played a vital role in the drug trafficking.  After Cupe became a fugitive, Ocasio supervised and managed the drug distribution activities at 33 Oak Street, Ocasio collected drug proceeds on Cupe’s behalf, and Ocasio armed himself with firearms to protect the illicit drugs being sold at the apartment.  The investigation also revealed that Cupe transported drugs from Connecticut to Brattleboro by using multiple female coconspirators, including a 17-year-old child suffering from substance abuse disorder.

During the investigation of Ocasio’s involvement in Cupe’s drug trafficking organization, Ocasio was arrested on July 29, 2019 for aggravated assault stemming from a shooting at the intersection of Elliot Street and Elm Street in Brattleboro, Vermont.  On August 14, 2019, Ocasio was charged by the federal grand jury with conspiracy to distribute controlled substances along with Cupe, Wells-Cooper, Wainwright, Sanchez, and others. 

Chief Judge Crawford sentenced Ocasio to 8 years of imprisonment for his possession of firearms in furtherance of drug trafficking.  Wainwright received a sentence of 4 years of imprisonment for her role in the drug trafficking conspiracy.  Sanchez was sentenced to time served for his drug trafficking activity and possession of firearms, which equated to approximately 13 months of imprisonment.    For hosting the drug traffickers in his apartment, Macie received a time-served sentence which equated to approximately 8 months of imprisonment.  Wells-Cooper is currently a participant in the Burlington Federal Drug Court, after she pleaded guilty to conspiring to distribute controlled substances.

United States Attorney Christina E. Nolan commended the investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Vermont State Police, and the Brattleboro Police Department. Nolan added: “This violent and heavily armed drug trafficking organization openly and notoriously peddled poison in Brattleboro, undeterred by multiple police enforcement efforts.  This case highlights the violence that follows drug trafficking, and the dangers to the most vulnerable Vermonters.  The U.S. Attorney’s Office and our law enforcement partners will continue to pursue out-of-state profit-driven drug traffickers and the Vermonters who facilitate their crimes.” 
 
“Mr. Cupe is a dangerous individual who terrorized the Brattleboro community with his violent behavior," said Thomas F. Relford, Special Agent in Charge of the Federal Bureau of Investigation's (FBI) Albany Field Office. “This sentencing should prove the FBI, along with our local, state, and federal law enforcement partners, is focused on stopping the movement and sale of drugs on our streets and ensuring our neighborhoods are free from illegal firearms.”

“ATF will continue to work with our local, state and federal law enforcement partners, to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade,” stated Kelly D. Brady Special Agent in Charge, ATF Boston Field Division

“This case is another fine example of local, state, and federal law enforcement collaborating in their investigations to take down a violent drug trafficking organization,” added Major Daniel Trudeau of the Vermont State Police. “The Brattleboro community is now a safer place with this group off the streets.”

Brattleboro Police Chief Michael Fitzgerald stated, "The Brattleboro Police Department appreciates the time and effort invested by partner law enforcement agencies in this cooperative investigation and prosecution.  Several illegal guns and deadly drugs were removed from our streets, and dangerous offenders are being held accountable.  Our department remains committed to assisting those struggling with substance use disorder to get the treatment they need, while at the same time aggressively investigating armed drug dealers." 

The United States was represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Cupe was represented by Assistant Federal Defender David McColgin, Esq.  Ocasio was represented by Thomas Sherrer, Esq.  Wainwright was represented by Ernest Allen, Esq.  Macie was represented by John-Claude Charbonneau, Esq.  Wells-Cooper was represented by Mark D. Oettinger, Esq. 

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Forces (OCDETF) Program.  OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

The Department of Justice today filed a brief in the U.S. Court of Appeals for the Second Circuit supporting a parochial high school student and her parents who claim that Vermont discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution by excluding them from a state program paying tuition for high school students to take up to two college courses.

“Ever since our patriotic ancestors declared our independence, rejected monarchy, and established the United States of America, our nation has supported and defended a very simple and important ideal, namely, that government may not discriminate against people of faith because of religion. Our Founding Fathers enshrined this principle in the First Amendment of the United States Constitution, and the United States today remains dedicated to the right of all people to practice their faith without suffering injustice at the hands of governments,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The First Amendment, common decency, and our shared humanity demand no less. The Department of Justice will continue to defend the right of all people to exercise religion according to the dictates of their faith and conscience.”

“Religious liberty is a fundamental and foundational right in this country,” said Christina E. Nolan, U.S. Attorney for Vermont. “We support the rights of students to both exercise their religion and participate fully in Vermont’s educational programs. Especially in light of the Supreme Court’s recent ruling on religious liberty and educational benefits, we believe this case advances the twin paramount goals of maximizing educational opportunities for young Vermonters and vigilantly guarding religious freedom.”

The appeal, A.M. v. French, involves a challenge to the exclusion of students attending religious high schools from Vermont’s “Dual Enrollment Program.” This program provides high school students the opportunity to take up to two college courses while still in high school, with tuition paid by the State. It is open to public school students, home school students, and students attending nonreligious private schools who do not have a public high school in their school district. The program, however, excludes those students without public high school in their district who choose to attend private religious schools. The student, A.M., attends a parochial school and would like to participate in the program and take courses at the University of Vermont, which she would be able to do were her school a secular private school.

A federal trial court on May 29, 2020, denied a preliminary injunction to the student and her parents, holding that they had not shown that they were likely to succeed on their claim under the Free Exercise Clause. The United States’ brief, however, argues that the District Court erred in not holding that the exclusion of the student from the Dual Enrollment Program was a likely constitutional violation, particularly in light of the Supreme Court’s decision on June 30, 2020, in Espinoza v. Montana Dept. of Revenue, barring discrimination based on religious status in a state scholarship program. The United States’ brief argues that “[t]he Supreme Court’s repeated holdings, including in Espinoza, that religious entities and their adherents cannot be excluded from or disadvantaged under public programs and benefits based on their religious character, make clear that [the student and her school’s]  disqualification from the Dual Enrollment Program is impermissible under the Free Exercise Clause.”

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

The Department of Justice today filed a brief in the U.S. Court of Appeals for the Second Circuit supporting a parochial high school student and her parents who claim that Vermont discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution by excluding them from a state program paying tuition for high school students to take up to two college courses.

“Ever since our patriotic ancestors declared our independence, rejected monarchy, and established the United States of America, our nation has supported and defended a very simple and important ideal, namely, that government may not discriminate against people of faith because of religion. Our Founding Fathers enshrined this principle in the First Amendment of the United States Constitution, and the United States today remains dedicated to the right of all people to practice their faith without suffering injustice at the hands of governments,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The First Amendment, common decency, and our shared humanity demand no less. The Department of Justice will continue to defend the right of all people to exercise religion according to the dictates of their faith and conscience.”

“Religious liberty is a fundamental and foundational right in this country,” said Christina E. Nolan, U.S. Attorney for Vermont. “We support the rights of students to both exercise their religion and participate fully in Vermont’s educational programs. Especially in light of the Supreme Court’s recent ruling on religious liberty and educational benefits, we believe this case advances the twin paramount goals of maximizing educational opportunities for young Vermonters and vigilantly guarding religious freedom.”

The appeal, A.M. v. French, involves a challenge to the exclusion of students attending religious high schools from Vermont’s “Dual Enrollment Program.” This program provides high school students the opportunity to take up to two college courses while still in high school, with tuition paid by the State. It is open to public school students, home school students, and students attending nonreligious private schools who do not have a public high school in their school district. The program, however, excludes those students without public high school in their district who choose to attend private religious schools. The student, A.M., attends a parochial school and would like to participate in the program and take courses at the University of Vermont, which she would be able to do were her school a secular private school.

A federal trial court on May 29, 2020, denied a preliminary injunction to the student and her parents, holding that they had not shown that they were likely to succeed on their claim under the Free Exercise Clause. The United States’ brief, however, argues that the District Court erred in not holding that the exclusion of the student from the Dual Enrollment Program was a likely constitutional violation, particularly in light of the Supreme Court’s decision on June 30, 2020, in Espinoza v. Montana Dept. of Revenue, barring discrimination based on religious status in a state scholarship program. The United States’ brief argues that “[t]he Supreme Court’s repeated holdings, including in Espinoza, that religious entities and their adherents cannot be excluded from or disadvantaged under public programs and benefits based on their religious character, make clear that [the student and her school’s]  disqualification from the Dual Enrollment Program is impermissible under the Free Exercise Clause.”

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

The United States Attorney’s Office announced that today Ariel Quiros, 64, of Key Biscayne, Florida, pleaded guilty before Chief Judge Geoffrey W. Crawford in United States District Court in Burlington to three felony charges in connection with his involvement in the Jay Peak Biomedical Research Park EB-5 investment project, also called the AnC Vermont project.

Quiros pleaded guilty to conspiring with co-defendants William Kelly, Jong Weon (Alex) Choi, and William Stenger in a multi-year wire fraud scheme to defraud immigrant investors seeking green cards through the EB-5 program.  He also pleaded guilty to money laundering and to concealing material facts in a matter within the jurisdiction of a federal agency, namely United States Citizenship and Immigration Services (USCIS), which oversaw the EB-5 process.

During the plea hearing, Quiros admitted to a lengthy statement of facts. That factual statement was appended to the written plea agreement filed with the Court last week.  In sum, Quiros admitted participating in a scheme conceived in 2011 and carried through until he lost control of the project in April 2016. The AnC Vermont project, managed by Quiros and Stenger, was designed to raise $110 million from 220 immigrant investors in order to build and operate a biotechnology company on a property in Newport.  From 2012 to 2016, Quiros and his co-defendants obtained approximately $85 million, plus approximately $8 million in “administrative fees", from approximately 169 immigrant investors in the AnC project. Under the EB-5 program created by Congress, immigrant investors could obtain lawful permanent residency (green cards) by investing $500,000 each in a United States business that would create ten jobs per investment. Pursuant to federal law, the AnC project was regulated and monitored by USCIS and the Vermont Regional Center, a part of state government.

Quiros admitted that the scheme involved misleading AnC investors about important information, including how investor money would be used, the timing of job creation for the project, and Choi’s role in the project. For example, Quiros knew that investors were given a use-of-funds chart that contained a number of misrepresentations about the amount of funds Quiros and Choi planned to receive. Moreover, as the defendants raised investor money, Quiros used investor funds for purposes unrelated to the project, including the payoff of a loan at Raymond James and as collateral for a separate loan at Citibank. Quiros also acknowledged that he participated in concealing this misuse of funds.

Quiros further admitted that the scheme included misrepresentations about the timing of the jobs that would be created by the project and the business revenue that would be generated from the project. Marketing the project to immigrant investors depended on job creation and future revenue, since the defendants emphasized their ability to satisfy the job creation standards under EB-5 law and repay immigrant investors. Quiros understood that his co-defendants devised job and revenue projections based on the number of jobs needed to obtain project approval from USCIS, and Quiros did not inquire whether they had a viable plan to actually create those jobs or achieve those revenues. AnC Vermont would supposedly rent clean rooms, market stem cell therapies, and manufacture artificial organs. Quiros admitted that investors were deceived in regard to all three facets of the future business.

In addition to the wire fraud conspiracy charges, Quiros admitted using AnC investor funds for personal expenses, specifically a $6 million payment to the IRS in early 2015 funded by the Citibank loan described above. In addition, Quiros helped conceal from the Vermont Regional Center that Choi, who was deeply involved in the project, was being investigated in Korea for financial crimes.

In the plea agreement, Quiros agreed to cooperate in the government’s ongoing matters. The plea agreement caps Quiros’s jail sentence at 97 months, so long as he abides by the terms of the agreement. The government agreed that it would not recommend a fine or forfeiture, but instead focus on seeking a restitution order for victims. The government requested that the Court delay Quiros’s sentencing pending his ongoing cooperation.

Co-defendants Kelly and Stenger have entered not guilty pleas to the pending charges, which are only allegations. These defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The Court has scheduled their trial for 2021.  Co-defendant Choi remains at large. 

United States Attorney Christina E. Nolan expresses her ongoing gratitude for the outstanding investigation assistance by the Federal Bureau of Investigation, the Criminal Investigation Division of the Internal Revenue Service, the Food and Drug Administration, and for the assistance of the Justice Department’s Fraud Section and Office of International Affairs. The prosecutors handling the case are Assistant U.S. Attorneys Nicole Cate and Paul Van de Graaf and Trial Attorney Jessee Alexander-Hoeppner, from the Department of Justice Criminal Division. Ariel Quiros is represented by Neil Taylor, Esq. and Robert Katims, Esq. William Kelly is represented by Robert Goldstein, Esq. and Mary Kehoe, Esq. William Stenger is represented by Brooks MacArthur, Esq. and David Williams, Esq.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that on July 29, 2020, United States District Judge Christina Reiss sentenced Rory Jackson, 36, of Queens, New York to 18 months in prison for possession with intent to distribute fentanyl, to be followed by five years of supervised release. Before sentencing Jackson, Judge Reiss, earlier this year, also sentenced his co-defendants Rachael Gauthier, of Brattleboro, Vermont; Jocelyn Pond, of West Brattleboro, Vermont; and Justine Pond, of Putney Vermont, all for distribution of fentanyl; and Sarah Cassell, of Brattleboro, Vermont, for distribution of heroin. Gauthier was sentenced to one year and one day in prison. Jocelyn Pond was sentenced to time served. Justine Pond was sentenced to 5 years’ probation, and Sarah Cassell was sentenced to time served.

All five defendants were arrested in connection with the April 10, 2019 search of 48 Central Street in Brattleboro, and as part of a multi-agency, multi-jurisdictional law enforcement effort that focused on drug trafficking in the Brattleboro area. The Drug Enforcement Administration and the Vermont Drug Task Force provided crucial investigative assistance in this five-defendant case. In addition, the April 2019 enforcement surge in the Brattleboro area involved the participation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Department of Homeland Security - Homeland Security Investigations; the Federal Bureau of Investigation; the United States Marshals Service; the Brattleboro Police Department; the Vermont State Police; CBP Air/Marine Unit; and New Hampshire Drug Task Force.

U.S. Attorney Christina E. Nolan commended the inter-agency cooperation underlying this case and the broader Brattleboro enforcement effort. “Our office continues to prioritize the prosecution of trafficking of deadly narcotics in our Vermont communities, and appreciate the hard work of our law enforcement partners.”

The United States was represented in this matter by Assistant U.S. Attorneys Nicole Cate and Nikolas Kerest. Jackson was represented by Richard Bothfeld, Esq. Gauthier was represented by David Watts, Esq. Jocelyn Pond was represented by Katina Ready, Esq. Justine Pond was represented by Thomas Sherrer, Esq. Sarah Cassell was represented by Heather Ross, Esq.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that on July 24, 2020, Chief United States District Judge Geoffrey W. Crawford sentenced Luis Luna, 28, of Hartford, Connecticut; Edwin Martinez, aka “Pino”, 26, of Hartford, Connecticut; and Samuel Fuller, 34, of Barton, Vermont following their guilty pleas to conspiracy to distribute illegal narcotics, including fentanyl and cocaine base. Chief Judge Crawford sentenced Luna to 72 months in prison, Martinez to 72 months in prison, and Fuller to 24 months in prison. James Bassett, 41, of North Troy, Vermont, a fourth co-conspirator will be sentenced on July 31, 2020.

All four defendants pleaded guilty to a conspiracy to distribute more than 40 grams of fentanyl. In addition, Fuller and Luna pleaded guilty to a conspiracy to distribute more than 28 grams of cocaine base. Luna and Martinez pleaded guilty to a conspiracy stretching from December 2018 to June 2019, while Fuller and Bassett pleaded guilty to a conspiracy ending in May 2019.

United States Attorney Christina E. Nolan commended the Federal Bureau of Investigation and the Vermont Drug Task Force for their collaboration on this investigation.  She stated: “Our law enforcement partners, federal and state, are united in their efforts to stop the flow of deadly opiates and other illegal narcotics from out of state. As this case demonstrates, we are working hard to root out long time drug traffickers in Vermont and from source cities like Hartford, Connecticut. This case demonstrates that our law enforcement partners work seamlessly across state lines and that there will be serious consequences for dealers who victimize and profit by feeding the addictions of Vermonters.”

According to publicly available information, Edwin Martinez was Luis Luna’s fentanyl source in Hartford, Connecticut during the charged time period, and Luis Luna, in turn, supplied Samuel Fuller with the fentanyl that originated with Mr. Martinez. After making regular trips to Hartford, Connecticut and purchasing fentanyl from Luis Luna, Samuel Fuller would return to Vermont and split the fentanyl with James Bassett, who had provided the money for the purchase from Luis Luna. In addition, Mr. Luna was Mr. Fuller’s cocaine base source and would sell cocaine base to Mr. Fuller, who would then sell it in Vermont. In addition to the charged time period, Mr. Luna and Mr. Martinez have a history of supplying opiates to Vermonters since approximately 2012, including Mr. Fuller, who has been making trips to Hartford, Connecticut to buy opiates since approximately 2016. The Court noted Mr. Fuller’s addiction driven behavior during the conspiracy and his recovery since his arrest when explaining Mr. Fuller’s sentence.

The Federal Bureau of Investigation and Vermont State Police’s Drug Task Force conducted the investigation in this matter. The United States was represented in this matter by Assistant U.S. Attorneys Paul Van de Graaf and Nikolas Kerest. Mr. Luna was represented by Natasha Sen, Esq. Mr. Martinez was represented by Kevin Henry, Esq. Mr. Fuller was represented by Brooks McArthur, Esq.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont announced that Ferdinand Cruz, aka “Feldi,” 39, and Bridgette Lawlor, 33, both of Bellows Falls, Vermont, were arrested last week.  The federal grand jury has accused Lawlor of unlawfully purchasing a Ruger .380 pistol for Cruz, whom she knew to be prohibited from possessing firearms.  Cruz was accused of unlawfully possessing two handguns, including the Ruger. Cruz was arrested on July 22, 2020.  At a detention hearing on Friday, The Honorable John M. Conroy, United States Magistrate Judge, ordered that Cruz be detained pending trial.  Lawlor appeared before Magistrate Judge Conroy on July 23, 2020, and was released on conditions. 

According to court records, Cruz’s possession of firearms was uncovered during an investigation by the Dover, Vermont Police Department of Cruz’s alleged sexual abuse of a child.  Dover officers encountered Cruz with the Ruger .380 pistol, prior to learning he was a prohibited person.  After Cruz’s arrest for lewd and lascivious conduct with a child, Cruz gave permission for officers to recover the Ruger .380 pistol from his residence.  While doing so, officers discovered a Taurus 9mm pistol stored with the Ruger.  Records associated with the purchase of the Ruger .380 pistol revealed it had been purchased by Lawlor.  During an interview, Lawlor admitted she purchased the firearm for Cruz despite knowing he was a felon.

If convicted, Cruz and Lawlor face a maximum of ten years of imprisonment.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of the Dover Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant Cruz is represented by the Office of the Federal Public Defender.  Defendant Lawlor is represented by Ian Carleton, Esq. of Sheehey, Furlong, & Behm, P.C.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities. 

For more information, please see https://www.justice.gov/projectguardian.

The United States Attorney for the District of Vermont announced that Rebecca Armell, 47, of Shelburne, was sentenced today in United States District Court in Burlington to one year and one day of imprisonment following her guilty plea to a charge of credit card fraud.  U.S. District Judge Christina Reiss also ordered that Armell serve three years of supervised release following completion of her prison term and pay restitution totaling $301,000.  The court directed Armell to surrender to the Bureau of Prisons on October 13 to begin serving her sentence.  

Last December, the United States Attorney filed a one-count information charging Armell with access device fraud.  According to the information, in 2018, while employed at the Chimney Sweep in Shelburne, Armell misused the company’s Lowe’s credit card to obtain merchandise having a value in excess of $1000.  Armell pleaded guilty to that charge last January.

According to court records, for 20 years prior to December 2018 when she was fired, Armell had worked at the Chimney Sweep – the last ten as a bookkeeper who had check-signing authority.  Beginning around 2016, Armell began stealing from the company.  She wrote checks to petty cash that she cashed and pocketed the proceeds.  She wrote checks to herself that she deposited, falsifying entries in the company’s books to make it appear the checks had been issued to fellow employees.  She also misused the company credit card to benefit herself, and charged personal automobile repairs to the Chimney Sweep account. In the aggregate, the losses total around $301,000. 

The case was investigated by the U.S. Secret Service upon referral from the Shelburne Police Department.

Armell is represented by Brooks MacArthur.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150years.

The Office of the United States Attorney for the District of Vermont announced today that a federal grand jury, sitting in Burlington, Vermont, returned an indictment charging Jason Graham, 24, of Michigan, for his role in causing a threat to Green Mountain Union High School. On February 7, 2019, an anonymous caller claimed there was a bomb in the school building and indicated that students would be shot if evacuated. The incident caused a massive law enforcement response and terrified the community. Investigation later revealed that Graham had threatened to “shoot up” the school only days before the incident, and had arranged for the anonymous call.

"It is important to know that you are never truly anonymous in this day and age,” said Chester Police Detective Adam Woodell, one of the first investigators in the case. “This type of behavior will not be tolerated and perpetrators will be identified and brought forth for prosecution.” U.S. Attorney Christina E. Nolan agreed. “Nothing could be more serious than threats to our schools and our students,” Nolan said. “We will show zero tolerance for conduct that makes students feel unsafe in their place of learning.  The U.S. Attorney’s Office and the law enforcement community in Vermont will vigorously pursue any threats to the safety of our children. Those who instill fear in children and school communities will not be allowed to hide behind their computer screens.  We will find them and bring them to federal court to face serious consequences.” 

Nolan thanked the Chester Police Department, the Vermont State Police, the Vermont Intelligence Center, and the Federal Bureau of Investigation’s Joint Terrorism Task Force for their collective work in investigating the threats. 

Graham is charged with violations of 18 U.S.C. §§ 875(c) and 2 for threatening to “shoot up” the school in a February 4, 2019 Facebook group chat, and aiding and abetting the February 7, 2019 phone threat. If convicted, Graham faces up to five years in prison and up to a $250,000 fine on each count. The current indictment is an accusation only. Graham is presumed innocent until proven guilty.

The United States will be represented in the case by Criminal Chief Eugenia A. P. Cowles. Counsel for the defendant will be appointed at the time of Graham’s initial appearance.

The Office of the United States Attorney for the District of Vermont announced that Ryan Beaulieu, 43, of Underhill, Vermont, was arrested today and charged with possession of child pornography.  Beaulieu appeared today before the Honorable John M. Conroy, United States Magistrate Judge, and was ordered detained pending a detention hearing.

According to court records, the Vermont Internet Crimes Against Children Task Force (VT-ICAC) received information from a social media company and the Federal Bureau of Investigation that Beaulieu was distributing child pornography over the internet.  This morning, Special Agents of the Department of Homeland Security and investigators with the Vermont Attorney General’s Office executed a search warrant at Beaulieu’s residence in Underhill, Vermont.  In interviews with law enforcement, Beaulieu admitted to having accessed child pornography on his electronic devices.  Investigators discovered numerous images and videos of child pornography on Beaulieu’s devices, including recordings of video-chat sessions in which Beaulieu coached prepubescent female children, directing them to display their genitalia on camera while he masturbated.  

In 2013, Beaulieu was convicted of Lewd and Lascivious Conduct in Washington County District Court for conduct related to the sexual abuse of a child. 

If convicted of the new charge, Beaulieu faces a maximum of ten years of imprisonment.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of the Department of Homeland Security, the Vermont Attorney General’s Office, Vermont Internet Crimes Against Children Task Force, and the Federal Bureau of Investigation.  

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant Beaulieu was represented by the Office of the Federal Public Defender for the purposes of his initial appearance, and has not yet retained counsel.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources better to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The Office of the United States Attorney for the District of Vermont stated that Terrance Chipp, 42, of Rutland was sentenced today by U.S. District Court Chief Judge Geoffrey Crawford to 72 months’ imprisonment and three years of supervised release, which follows the term of imprisonment.

Chipp previously pled guilty to possession with intent to distribute heroin and cocaine base, and conspiracy to unlawfully possess a firearm in furtherance of a drug trafficking offense. These offenses each carried a maximum of up to twenty years imprisonment. 

U.S. Attorney Nolan stated that “the possession of firearms to protect drug trafficking activities greatly amplifies the already grave risk of harm to the community caused by heroin and crack cocaine distribution. The U.S. Attorney’s Office will continue to vigorously investigate and prosecute drug trafficking crimes involving firearms, working with our partners to deploy the necessary resources to the many hard-hit areas of southern Vermont.”

According to court records, on May 6, 2019, law enforcement executed a state search warrant at Chipp’s residence on Plain Street in Rutland. Inside a safe located in Chipp’s bedroom, law enforcement found about eight grams of heroin, two grams of cocaine base, a SCCY 9 mm pistol, and a loaded magazine.  Inside Chipp’s dresser drawer, law enforcement found a Smith & Wesson .40 caliber pistol. Chipp intended to sell the seized controlled substances. In his plea agreement, Chipp admitted that he also traded drugs to another person for about 500 rounds of ammunition and that he “possessed firearms, in part, to protect his drug trafficking operations.” 

The government argued in its sentencing memorandum that a long sentence was warranted because Chipp had begun trafficking drugs within a year after having served a three-year state sentence for heroin trafficking: “Three years of imprisonment did little to deter the defendant last time. This time, a sentence of substantially more than that is justified to protect the Rutland community from the defendant. . . . Specific deterrence and protecting the safety of the community are thus compelling factors here. The defendant’s high risk of recidivism is not theoretical but based on his long and frequent criminal history.”

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Neighborhood, a nationwide commitment to reduce gun crime in America.  Led by the U.S. Attorney’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives, Project Safe Neighborhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who violate federal gun laws.  For more information about Project Safe Neighborhood and Project Safe Vermont, please visit: www.psn.gov.prb .  

This matter was investigated by the Vermont State Police Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigations (FBI), and the Rutland City Police Department. This case was prosecuted on behalf of the government by Assistant U.S. Attorney Joseph Perella. Chipp is represented by Federal Public Defender David McColgin of Burlington.

The Office of the United States Attorney for the District of Vermont announced that Ira Flowers, 37, of Claremont, New Hampshire was sentenced today to 41 months of imprisonment for possessing a 9mm semi-automatic pistol after having been convicted of multiple felonies.  Chief U.S. District Judge Geoffrey Crawford also sentenced Flowers to a 2-year term of supervised release to follow his imprisonment.

At the sentencing hearing, Chief Judge Crawford found that Flowers possessed the firearm in connection with another felony offense, specifically the attempted possession with the intent to distribute marijuana and tetrahydrocannabinol (THC)-infused products.  Testimony at the sentencing hearing established that Flowers brought the 9mm pistol to the Holiday Inn in Springfield, Vermont, where Flowers met with three others to exchange thousands of dollars for bulk marijuana and THC products.  A struggle ensued during the drug transaction, and Flowers was stabbed in the neck, shot once in the leg (with the pistol he unlawfully possessed), and left in the hotel hallway bleeding profusely from his wounds.  A search of the hotel room by the Vermont State Police resulted in the seizure of the 9mm pistol unlawfully possessed by Flowers, as well as a single 9mm casing.

Flowers has an extensive criminal record, including prior convictions for the sale of a controlled substance, violating a protective order, narcotic possession, assault, driving under the influence, resisting arrest, disorderly conduct, and theft of a firearm.

United States Attorney Christina Nolan commended the investigative efforts of the Vermont State Police, as well as the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  She stated, “This case highlights the extraordinary risk and harm that results from prohibited persons carrying firearms and from the mix of guns and the drug trade.  The U.S. Attorney’s Office and its law enforcement partners will continue to prioritize prosecution of those who commit violence and violate federal gun laws, and we will seek serious punishment for those crimes.” 

The United States is represented in this matter by Assistant U.S. Attorneys Spencer Willig and Jonathan Ophardt.  The defendant was represented by Kevin Henry, Esq. of Primmer Piper Eggleston & Cramer PC.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that Seth Morgan, 38, of Sheldon, Vermont was sentenced today to time served following his guilty plea to the lead count of a five count indictment charging him with mail theft. The thefts occurred at the Sheldon Springs Post Office in Sheldon, Vermont between April 2, 2018 and May 4, 2018. United States District Judge William K. Sessions III also ordered Morgan to serve a 2-year term of supervised release and to pay a $100 special assessment.

The lead investigator on the case was United States Postal Inspector Kristin Miller. Morgan was represented by Assistant Federal Public Defender David L. McColgin. Assistant United States Attorney Nikolas Kerest handled the prosecution for the United States.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont announced that John Van Hazinga, aka “Big John,” 42 years old, was sentenced today by U.S. District Judge Christina Reiss to 5 years of probation following his felony conviction for distributing marijuana, a Schedule I controlled substance.  Van Hazinga agreed in his plea agreement to the forfeiture of $67,189 of drug proceeds seized from three of his properties, and also agreed to file amended tax returns for this undeclared income.

According to Court documents, Van Hazinga has been involved in the cultivation and distribution of marijuana in Chittenden County since at least 2004, utilizing his business Ridin’ High to facilitate those efforts.  In 2009, Van Hazinga was convicted in state court of selling marijuana.  In 2013, Van Hazinga was convicted in state court of felony marijuana possession for his possession of more than a pound of marijuana.  In 2015, while on state probation, Van Hazinga was again convicted of felony marijuana possession for his possession of more than a pound of marijuana.  Van Hazinga was on state parole at the time of his 2019 federal arrest.

During the summer of 2018, the Burlington Police Department (BPD), with assistance from the Drug Enforcement Administration (DEA), began an investigation into the distribution of marijuana for profit out of defendant Van Hazinga’s business, Ridin’ High, located at 2 Pearl Street in Burlington, Vermont.  The investigation was spurred by community reports that individuals at the store were selling marijuana to juveniles.  One woman reported that she worked as an interventionist, and had spoken to multiple boys between the ages of 13 and 15 who reported they had purchased marijuana at Ridin’ High. 

An undercover BPD detective conducted five purchases of marijuana and/or THC-infused edible products. Law enforcement efforts revealed a potential grow operation at Van Hazinga’s residence in Underhill, Vermont; e-mail correspondence with Van Hazinga’s co-defendant revealed her willingness to sell a bulk order of THC-infused products, and links were discovered between Van Hazinga and a rural camp located in Keene, New York.

On July 24, 2019, law enforcement obtained federal search warrants for the Ridin’ High commercial location in Burlington, Van Hazinga’s residence in Underhill, Vermont, and the rural camp in Keene, New York.  On August 5, 2019, the undercover BPD detective conducted a final controlled purchase of marijuana from defendant Van Hazinga, utilizing serialized currency during the transaction.

On August 6, 2019, BPD and DEA executed the search warrants for the Ridin’ High location, the Underhill residence, and the Keene camp.  At the Ridin’ High location, agents seized three bags of suspected marijuana, nine jars of suspected marijuana, marijuana-growing literature, a marijuana grinder with residue, and two small digital scales.  A large safe in the bathroom contained suspected marijuana, marijuana extracts, and THC-infused edibles.  At the Underhill residence, agents discovered a suspected grow operation that laboratory testing revealed to be a mix of hemp and marijuana plants.  $9,000 in cash was seized from Van Hazinga’s vehicle, and an additional $33,289 in cash was seized from inside the residence.  Within the currency, agents located the serialized bills used during the August 5, 2019 controlled purchase from Van Hazinga.  At the Keene camp, agents seized $24,900 in cash, 18 jars of suspected marijuana, a jar of suspected hallucinogenic mushrooms, five bags of suspected marijuana, and eight suspected marijuana plants.

United States Attorney Christina E. Nolan commended the investigative efforts of the Drug Enforcement Administration and the Burlington Police Department, and thanked the Vermont Air National Guard for their assistance.

“DEA has a sworn duty and responsibility to enforcing drug laws enacted by Congress, which make marijuana illegal,” said DEA Special Agent in Charge Brian D. Boyle.  “DEA will continue to enforce federal laws as it pertains to our mission.  This investigation demonstrates the strength of collaborative local, state and federal law enforcement partners in Vermont and our strong relationship with the U.S. Attorney’s Office.”

The United States was represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt.  Van Hazinga was represented by Paul Volk, Esq. 

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that on June 25, 2020, Shane Allen Edgerly, 44, of Milton, Vermont, was sentenced in United States District Court in Rutland to serve 87 months in prison after his guilty plea to one count of possession of child pornography.  Chief U.S. District Judge Geoffrey W. Crawford also ordered Edgerly to serve a 10-year term of supervised release, and to pay a $100 special assessment. 

According to court records, during 2017, Homeland Security Investigations (“HSI”) in Burlington received 22 “CyberTips” from the National Center for Missing and Exploited Children (NCMEC) indicating that an individual had uploaded suspected images of child pornography using Pinterest. NCMEC determined that the 22 CyberTips appeared to be related, due to a common IP Address and three e-mail accounts, all connected to Edgerly. The CyberTips referenced sexually explicit photographs of females who appeared to be under the age of 16, and in some instances approximately 8-10 years old. In July 2018, HSI received a new CyberTip originating from Rabbit, Inc. Rabbit, Inc. provided numerous images shared by Edgerly, using an email account, as well as a chat log memorializing communications between Edgerly and another Rabbit, Inc. user. The images included numerous pictures of prepubescent girls exposing their genitals. In October 2018, HSI, working in partnership with Vermont Attorney General’s Office investigators, obtained a search warrant for Edgerly’s residence. Before the search on October 4, 2018, Edgerly admitted to HSI and Vermont Attorney General’s Office investigators that he possessed and traded child pornography. In addition, during the search of Edgerly’s residence investigators found electronic devices holding over 800 images of suspected child pornography.

U.S. Attorney Nolan commended the efforts of Homeland Security Investigations and the Vermont Attorney General’s Office investigators. Assistant U.S. Attorneys William Darrow and Nikolas Kerest prosecuted Edgerly. Assistant Federal Public Defender Steven Barth represented Edgerly. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont announced that Eric LaFrance, 34, of Westfield, Massachusetts, was arrested yesterday for unlawful possession of a firearm during an ATF undercover operation in Brattleboro, Vermont.  LaFrance appeared before the Honorable John M. Conroy, United States Magistrate Judge, this afternoon, and was ordered detained pending a detention hearing.

According to court records, LaFrance attempted to arrange to purchase a firearm from a Vermont Federal Firearms Licensee (FFL) despite being a resident of Massachusetts.  LaFrance’s repeated efforts concerned the FFL, who reported the incident to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  ATF investigated LaFrance’s criminal record, and determined LaFrance had an arrest history in Massachusetts, New Hampshire, and North Dakota that dates back to 2003.  A review of court records revealed that LaFrance had sustained a 2016 conviction for Larceny Over $250, which prohibited LaFrance from lawfully possessing firearms.  

An ATF Special Agent working in an undercover capacity contacted LaFrance and offered to sell him a firearm.  LaFrance expressed interest in purchasing all three firearms and ammunition that the agent had listed as being for sale.  LaFrance stated to the undercover agent that although he possessed a .22 caliber pistol, he needed to upgrade his firearm after a recent violent confrontation.  LaFrance eventually agreed to trade an older revolver, marijuana, and U.S. Currency for a GLOCK Model 22 .40 caliber semi-automatic pistol and ammunition.  On June 22, 2020, in Brattleboro, Vermont, LaFrance met with the undercover agent, and provided the undercover agent $340, an amount of marijuana, and an Iver Johnson Arms and Cycle Works .38 caliber revolver.  The undercover agent then provided the GLOCK to LaFrance, who was arrested moments later.

If convicted, LaFrance faces a maximum of ten years of imprisonment.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of ATF. 

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant LaFrance is represented by the Office of the Federal Public Defender.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.  For more information, please see https://www.justice.gov/projectguardian.

The Office of the United States Attorney for the District of Vermont announced that Bhaskar Patel, 69, of Horseheads, New York, was sentenced Friday in federal district court in connection with a kickback and bribery scheme conducted in connection with federal energy savings performance contracts (“ESPCs”).  While employed by Schneider Electric Buildings America (“Schneider”), Patel unlawfully solicited and accepted $2,536,119.19 in bribes and kickbacks associated with ESPCs from subcontractors to Schneider.  According to the Information filed in the case, the scheme ran from June 6, 2011 through April 19, 2016, involved dozens of bribes and kickbacks from eight subcontractors to Schneider, and included amounts ranging from $6,231 to $136,990.19. 

“Mr. Patel’s conduct was motivated by a corrupt culture and greed, and I am proud of our prosecutors, staff, and federal law enforcement partners that investigated this complex fraud and convicted Mr. Patel,” said Christina E. Nolan, United States Attorney for the District of Vermont.  “This scheme ran for years, swindled millions of dollars, and betrayed the trust expected of government contractors when they receive American taxpayer dollars and have the honor of working with the federal government.  The U.S. Attorney’s Office is committed to fighting the financial scourge imposed by procurement fraud and will vigorously enforce our criminal laws against those responsible for this conduct.” 

According to the Information, Patel accepted illegal kickbacks and bribes in connection with a $70 million project for the United States Coast Guard (“USCG”) in Aguadilla, Puerto Rico; a $24.7 million project for the United States Department of Agriculture (“USDA”) in Albany, California; a $12.6 million project for the United States General Services Administration (“GSA”) in St. Croix, U.S. Virgin Islands; a $21.8 million project for GSA in San Juan, Puerto Rico and St. Thomas, U.S. Virgin Islands; a proposed project of $42.4 million for work on the VA medical centers in Vermont, Massachusetts, Rhode Island, and Maine; and a $114.3 million project for the U.S. Navy for work on the Naval base in Coronado, California.

For each contract named in the Information, Patel, a Senior Project Manager, was authorized and directed by Schneider to obtain bids from subcontractors and recommend for selection the subcontractors that would be awarded a contract under an ESPC.  Schneider further authorized and directed Patel to -- post-selection of a subcontractor -- negotiate change orders, price changes, and oversee and manage subcontractors.  Patel knew subcontractors provided gratuities with the intent of obtaining favorable treatment from Patel and Schneider in connection with existing and/or future ESPC contracts awarded by various government agencies to Schneider.

Patel pleaded guilty to one count of accepting illegal kickbacks in connection with federal contracts, a violation of 41 U.S.C. §§ 8702 and 8707, and one count of accepting bribes in connection with federal contracts, a violation of 18 U.S.C. § 666.  Chief Judge Geoffrey W. Crawford on Friday sentenced Patel to a term of three years of probation with conditions of supervised release and entered a forfeiture judgment of $2,536,119.19.

“Federal energy savings performance contracts are intended to save VA money.  Bribery and other corrupt acts by contractors instead divert and waste precious dollars intended for our nation’s veterans,” said VA-OIG Special Agent-in-Charge Christopher F. Algieri.  “The VA Office of Inspector General will continue to work with our partners in the law enforcement community to prevent this type of fraud and hold any wrongdoers accountable.”

USDA-OIG Special Agent-in-Charge Bethanne M. Dinkins commented, “We appreciate the commitment of the U.S. Attorney’s Office and the cooperative efforts of our law enforcement partners throughout this significant investigation.  Mr. Patel’s sentence sends a strong message regarding the benefit of working across agency lines to protect the integrity of the procurement process throughout Government.  The USDA Office of Inspector General will continue to dedicate resources to investigate those who unlawfully solicit and accept bribes and kickbacks involving USDA contracts.”

Acting Special Agent-in-Charge, Tim Westfall, Naval Criminal Investigative Service, Northeast Field Office said: “Fraud is not a victimless crime, and puts our armed forces at greater risk.  The American taxpayers are also victims as the flagrant and wrongful misuse of American taxpayer dollars not only erodes the public trust but also jeopardizes the Department of Navy’s efforts to obtain the best technology, services, and equipment for our brave men and women in uniform.   By conspiring to manipulate the contracting process through lies and deceit, those involved have drained significant resources from the Navy and have made it harder for legitimate companies that play by the rules.”

“Federal contractors must be above board in their dealings.  The U.S. General Services Administration Office of Inspector General will continue to aggressively pursue those who engage in bribery and kickback schemes,” added Special Agent-in-Charge, Luis Hernandez.

The United States is represented in this matter by Assistant U.S. Attorney Owen C.J. Foster.  Bhaskar Patel is represented by David Haas, Esq., of Haas Law in Orlando, Florida; and Heather Ross, Esq., of Sheehey, Furlong & Behm PC in Burlington, Vermont.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned an indictment on June 18, 2020, which charged Eike Blohm, 38, of South Burlington, Vermont, with one count of production of child pornography.  The indictment also includes notice that, in the event that Blohm is convicted of production of child pornography as charged in the indictment, the government intends to seek forfeiture of real and personal property owned by Blohm.  Blohm made his initial appearance in federal court on May 22, 2020.  At that hearing, U.S. Magistrate Judge John M. Conroy ordered Blohm detained pending trial.  The date on which Blohm will be arraigned on the indictment has not been set.  

According to court records and proceedings, an employee at the University of Vermont Medical Center (UVM MC) discovered a camera hidden in a unisex employee bathroom in the Emergency Department.  Investigators with the Chittenden Unit for Special Investigations (CUSI) recovered the camera and discovered approximately 1,300 videos on the camera.  Approximately 900 videos depicted hospital employees in various states of undress in at least two bathrooms at UVM MC.  Approximately 21 videos showed a minor child bathing nude at another location, and a number of those videos showed the minor’s genitalia.  The child’s identity and the location where the child was filmed are known to law enforcement.  In addition, investigators searched Blohm’s iPad pursuant to a search warrant.  Investigators found approximately 132 images of child pornography that did not involve the known minor.  

U.S. Attorney Christina Nolan emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Blohm’s sentence will be determined by the advisory United States Sentencing Guidelines and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction.  

U.S. Attorney Nolan commended the efforts of the Chittenden Unit for Special Investigations and Homeland Security Investigations.  

Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, and James E. Burke IV, Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, are handling the prosecution of Blohm.  Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represents Blohm.  

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc .

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont stated that on June 16, 2020, Chief United States District Judge Geoffrey W. Crawford sentenced Ricardo Quinones, 26, of Holyoke, Massachusetts, to 36 months in prison following his guilty plea to knowingly and intentionally using a cellular phone to commit the drug felonies of possession with intent to distribute heroin and attempted distribution of heroin. 

According to court records, in 2018 and 2019, Quinones sold bulk quantities of heroin/fentanyl to Vermont buyers.  The buyers would travel from Vermont to Holyoke, Massachusetts to meet with Quinones and purchase the opioids.  During two transactions in July 2018, Quinones sold a cooperator a total of 1,800 bags of heroin/fentanyl for $5,400.  Then, in June 2019, Quinones arranged to sell a different cooperator 2,000 bags of suspected heroin for $6,000.  Quinones was arrested when he arrived at the arranged meeting location for that transaction, and he has been in federal custody since that time.

United States Attorney Christina E. Nolan commended the Federal Bureau of Investigation, the Vermont Drug Task Force, and the Drug Enforcement Administration for their collaboration on this investigation.  She stated: “As this case demonstrates, we are relentless in our efforts to stem the flow of deadly narcotics into Vermont from source cities like Holyoke.  Our law enforcement partners at all levels are united in pursuit of this goal.  There will be serious consequences in the form of jail time for dealers who profit from the suffering of addicted Vermonters and the struggles of their families and communities.”

The United States was represented in this matter by Assistant U.S. Attorney Nicole Cate.  Quinones was represented by Michael L. Desautels, Federal Public Defender.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Office of the United States Attorney for the District of Vermont stated that on June 8, 2020, United States District Judge William K. Sessions III sentenced Arthur Ranney to 97 months in prison following his guilty plea to possession with intent to distribute five grams or more of methamphetamine.  Ranney’s offense involved over 300 grams of high-purity methamphetamine, a highly-addictive and dangerous stimulant.

According to Court records, on September 17, 2018, University of Vermont Police conducted a traffic stop on a vehicle operated by Ranney.  Execution of a search warrant for the vehicle resulted in the seizure of 21.7 grams of 97% pure methamphetamine.  On December 27, 2018, South Burlington Police encountered Ranney in his vehicle.  A search warrant of the vehicle resulted in the seizure of 240.2 grams of 98% pure methamphetamine.  Finally, on January 6, 2019, law enforcement personnel with the Drug Enforcement Administration and South Burlington Police arrested Ranney outside a hotel room in South Burlington, Vermont where he was staying.  Execution of a search warrant for the room led to the seizure of another 49.1 grams of 92% pure methamphetamine, as well as $1,800 in U.S. currency.

For his crime, Ranney was subject to a mandatory minimum sentence of 60 months.  The 97-month sentence imposed by Judge Sessions considered the large quantity of methamphetamine Ranney possessed, as well as the danger posed to the Vermont community by methamphetamine.

“In recent years in New England, we have seen increasing amounts of highly-potent methamphetamine that is manufactured in Mexico,” said United States Attorney Christina Nolan.  “We will do all we can to keep this deadly and highly addictive substance out of Vermont, including aggressively prosecuting traffickers, working with our outstanding partners at DEA and in state and local law enforcement.”

“As methamphetamine seizures are on the rise DEA stands committed to keeping this highly addictive drug out of Vermont,” said DEA Special Agent in Charge Brian D. Boyle.  “Today’s sentence not only holds Mr. Ranney accountable for his crimes but serves as a warning to those who attempt to distribute this poison in the Green Mountain State.”

South Burlington Police Chief Shawn Burke added, “The growing prevalence of this highly addictive drug in our community is cause for concern.  Ranney’s conduct is that of a drug profiteer, not that of a person wrestling with substance abuse disorder.  Our partnership with Federal law enforcement and the United States Attorney is valuable, holding defendants such as Ranney accountable is an important element of public safety.”

The case was prosecuted by Assistant U.S. Attorney John J. Boscia.  Ranney was represented by Assistant Federal Public Defender Elizabeth K. Quinn.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150years.

The United States Attorney for the District of Vermont announced that Ryan Wall, 42, a former Quechee resident who now lives in Florida, was sentenced today in United States District Court in Rutland to 51 months of imprisonment following his guilty plea to a charge of wire fraud.  Chief Judge Geoffrey Crawford also ordered that Wall serve a two-year term of supervised release following completion of his prison sentence.  He also entered a preliminary order that Wall pay $470,000 in restitution to 18 victims; that order is subject to modification if additional victims file claims.  The court ordered that Wall surrender to the Bureau of Prisons on September 8 to begin serving his sentence. 

In March 2019, a federal grand jury in Rutland returned a two-count indictment charging Wall with wire fraud and possessing firearms as an unlawful user of narcotics.  Wall pleaded guilty to the wire fraud charge last December.  According to the indictment and court records, TSBS, LLC was a company that offered tax preparation and payroll processing services.  Wall was the sole employee of TSBS Payroll, the payroll processing subsidiary of TSBS, LLC.  TSBS Payroll provided services to about 35 individuals, business and non-profit organizations in Vermont and New Hampshire in the Upper Connecticut River valley.  On a weekly or biweekly basis, TSBS Payroll received funds from its clients that were to be used to prepare payroll checks for the clients’ employees, and tax withholdings that were to be paid over to federal and state taxing authorities.

Beginning no later than March 2012 and continuing until September 2018, Wall misappropriated portions of the funds that had been entrusted to TSBS Payroll for tax withholding purposes.  He committed this fraud by issuing TSBS Payroll checks to himself and then either cashing the checks or depositing them into a personal bank account.  He also issued hundreds of checks to a third party, who helped Wall obtain illegal prescription opiates, heroin and crack cocaine.  Most of the money Wall stole was used to buy drugs.  The total loss to victims was approximately $1.2 million.  As a result of this fraud, a number of victims suffered extreme financial hardship, including bankruptcy, loss of businesses and postponed retirements. 

Wall is represented by Assistant Federal Public Defender David McColgin.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150years. 

The Office of the United States Attorney for the District of Vermont stated that on June 15, 2020, United States District Judge William K. Sessions III sentenced Rodolfo Davila to 151 months in prison following his guilty pleas to (1) conspiracy to distribute fentanyl and 100 grams or more of heroin, (2) maintaining a drug-involved premises, and (3) being a felon in possession of a firearm.  Davila further admitted that his offense involved one kilogram of heroin, or approximately 40,000 individual dosages.

United States Attorney Christina Nolan thanked the Department of Homeland Security, Homeland Security Investigations (HSI) and the Vermont State Police Drug Task Force for their teamwork in achieving justice in this important drug case.  She stated:  “Windsor County has been ravaged by the drug trade for years, and its location off Interstate 91 and proximity to drug source cities in Massachusetts make it vulnerable.  Federal, state, and local law enforcement will continue to devote investigative resources to areas in southern Vermont and across the state hardest hit by the drug crisis.  We have said that those who deal deadly narcotics to Vermonters for large profit will find themselves facing serious sanction in the form of jail sentences and seizure of the assets and money they acquired on the backs of suffering addicted Vermonters.  Mr. Davila, a serious recidivist offender who possessed guns, is now facing exactly that consequence.” 

According to Court records, during 2017 and 2018 the United States Department of Homeland Security and the Vermont State Police Drug Task Force conducted 11 controlled purchases of heroin and fentanyl from Davila and co-conspirators David Cheney, Sean Palmer, Gary Desilets, and Davila’s sister, Elizabeth Gonzalez-Rivera.  On June 6, 2017, Gonzalez-Rivera was found to be in possession of more than $38,000 when the Vermont State Police stopped a vehicle she was driving after it was observed leaving Davila’s residence.

On April 6, 2018, law enforcement arrested Davila and executed a federal search warrant at his residence located at 55 River Street in Windsor, Vermont.  Pursuant to the search warrant, law enforcement seized more than 1,450 bags of heroin, over $84,000, and two handguns.  Also located were two bank checks, payable to Davila, in the amounts of $9,900 and $9,100.

A subsequent financial investigation revealed that over the course of 30 days, Davila and Cheney converted $105,000 of United States currency to bank checks, along with $23,000 of money orders.  These funds – all of which were determined to be the proceeds of Davila’s drug trafficking organization – were used to purchase the 55 River Street residence for more than $148,000.  Less than a month later, over the course of a single week, Davila and Cheney converted additional United States currency to bank checks, which were then used to purchase a second residence, located at 41 Jarvis Street in Windsor, Vermont, for $34,000.  Davila purchased business cards, lawn signs, and vehicle magnets for his purported business, “We Buy Houses & Turn Them Into Homes.”

Judge Sessions ordered the forfeiture of the residences located at 55 River Street and 41 Jarvis Street, as well as Davila’s drug proceeds.  More than $124,000 of Davila’s drug proceeds were previously forfeited by HSI.

For his crimes, Davila was subject to a mandatory-minimum sentence of 60 months.  The 151-month sentence imposed by Judge Sessions considered Davila’s significant criminal history, which included 35 prior criminal convictions, and a recent 4-5-year Massachusetts State Prison sentence for a firearm offense.

On February 4, 2020, David Cheney was sentenced to a 48-month term of imprisonment following his convictions for conspiracy to distribute fentanyl and heroin, and conspiracy to launder monetary instruments.  Pursuant to a plea agreement, Cheney agreed to be deported to Canada.  On March 9, 2020, Gary Desilets was sentenced to time served to be followed by 3 years of federal supervised release.  Sean Palmer and Elizabeth Gonzalez-Rivera have each been convicted of conspiracy to distribute fentanyl and heroin, and await sentencing.

U.S. Attorney Nolan commended HSI and the Vermont State Police for their work on this investigation.

“We thank the U.S. Attorney for Vermont and the Vermont State Police for their solid teamwork in bringing Mr. Davila to justice in this case.” said Michael Shea, acting Special Agent in Charge, Homeland Security Investigations, Boston. “HSI remains committed to investigating and fighting those drug trafficking networks like the one that Davila ran that have played a major role in the deadly opioid epidemic that has destroyed so many lives and disrupted communities throughout Vermont and all of New England.” 

The case was prosecuted by Assistant U.S. Attorney Nate Burris.  Davila was represented by Attorney Devin McLaughlin of Langrock Sperry & Wool.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The United States Attorney for the District of Vermont announced that Marvin Smith, 57, a former resident of Whitingham who now lives in Florida, pleaded not guilty today in United States District Court in Burlington to charges that he stole money from the U.S. Postal Service.  U.S. Magistrate Judge John M. Conroy released Smith on conditions pending trial, which has not been scheduled.

In March, the government filed an information charging Smith with two counts of misdemeanor theft of government property.  The first count charges that between 2012 and 2017, Smith defrauded the Postal Service of $1000 or less by submitting falsified travel reimbursement claims in connection with his official business.  The second count alleges that between 2016 and 2019, Smith stole money from his cash register drawer at the Brattleboro Post Office.

The United States Attorney emphasizes that the charges in the information are merely accusations and that Smith is presumed innocent unless and until he is proven guilty.

If convicted, Smith faces up to one year of imprisonment and a fine of up to $100,000.  The actual sentence would be determined with reference to federal sentencing guidelines.

This case was investigated by the Inspector General’s Office of the Postal Service.

Smith is represented by Assistant Federal Public Defender Elizabeth Quinn.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150years. 

WASHINGTON – Today, U.S. Attorney Christina Nolan joined Attorney General William P. Barr and the entire Department of Justice in observing the 15th Annual World Elder Abuse Awareness Day. The Department echoes voices around the world condemning elder abuse, neglect and exploitation.

The COVID-19 pandemic has created unprecedented challenges for our country and the world, but among those most severely affected by the threat of the novel virus are our senior citizens. During this time when seniors are most vulnerable and isolated from their families and loved ones by social distancing and quarantine restrictions, bad actors have immediately exploited this international tragedy to prey on the elderly through a whole host of scam and fraud schemes perpetrated via phone, mail, and internet. As the world takes this day to remember the elderly during these uncertain times, the Department of Justice remains relentlessly committed, through its department-wide Elder Justice Initiative, to prevent and prosecute fraud on America’s seniors.

The Department will aggressively prosecute fraudsters exploiting the COVID-19 pandemic and targeting seniors offering them fake testing kits, fake treatments and cures, and fake help obtaining stimulus and Paycheck Protection Program Funds.  On this day dedicated to recognizing our seniors, the Department of Justice sends a strong message that we continue the fight to keep seniors safe a top priority.

“Society should be measured by how well it protects its most vulnerable members, including our seniors which make up roughly 20% of Vermont’s population,” stated U.S Attorney Nolan. “Protection of the elderly is a deeply rooted American and Vermont ideal.  My office will continue to devote special focus and investigative and prosecutorial resources to this goal.  We will be ever vigilant during the pandemic, when bad actors use isolation and distancing to prey on the elderly.  We aim to prevent this treacherous conduct before it occurs by raising awareness, and, to be clear, a bad actor who successfully exploits the COVID crisis to harm a Vermont senior (or attempts to do so), will be the subject of aggressive prosecution by my office, working with state and local partners.”  

Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities.  The Vermont U.S. Attorney’s Office has brought federal charges in significant elder fraud cases in recent years, including prosecutions of three Canadian individuals who defrauded four elderly Americans of hundreds of thousands of dollars.  In addition, the Vermont U.S. Attorney’s Office has engaged in significant community outreach focused on combatting elder fraud.  For instance, last year, U.S. Attorney Nolan gave the keynote address at the Consumer Financial Protection Bureau’s Elder Financial Protection and Response Network Convening in Burlington, Vermont.  The Convening, which the Vermont U.S. Attorney’s Office helped organize, brought together Vermont stakeholders, public and private, committed to protecting the elderly from financial fraud.  The Vermont U.S. Attorney’s Office also has provided training and guidance on the Department’s Elder Justice Initiative, including through meetings of the Financial Abuse Specialist Team of Vermont (FAST) as well as through FAST’s Tri-State Conference in October 2019.

Major strides have already been made toward the Department’s goal to combat elder abuse: 

• National Elder Fraud Hotline: 833-FRAUD-11
  Earlier this year Attorney General Barr launched a National Elder Fraud Hotline. Staffed by experienced case managers who provide personalized support to callers, the hotline serves to assist elders and caretakers who believe they have been a victim of fraud by reporting that fraud and providing appropriate services.
   
• Transnational Elder Fraud Strike Force: Established in June 2019 to combat foreign elder fraud schemes, the Strike Force is composed of the Department’s Consumer Protection Branch and six U.S. Attorneys’ Offices along with FBI special agents, Postal Inspectors, and numerous other law enforcement personnel.  Since its inception, prosecutors in Strike Force districts brought cases against more than 140 defendants.
   
• Annual Elder Justice Sweep: In March of this year, the Attorney General announced the largest coordinated sweep of elder fraud cases in department history. The Department, together with every U.S. Attorney’s office, charged more than 400 defendants responsible for over $1 billion in loss through fraud schemes that largely affected seniors.
   
• Money Mule Initiative: Since October 2018, the Department and its law enforcement partners began a concentrated effort across the country and around the world to disrupt, investigate, and prosecute money mule activity used to facilitate fraud schemes, especially those victimizing senior citizens. A “money mule” is someone who transfers illegally acquired money on behalf of or at the direction of another. Money mules may assist fraud schemes by receiving money from victims, many of them elderly, and forwarding the proceeds to foreign-based perpetrators. In 2019 actions were taken to halt the conduct of more than 600 domestic money mules, exceeding a similar effort against approximately 400 mules in the previous year. The Vermont U.S. Attorney’s Office is an active participant in the Money Mule Initiative, coordinating with the FBI to disrupt this activity. 
   
• Holding Foreign-Based Perpetrators And Those That flee The United States Accountable: Transnational criminal organizations are targeting our elder population in schemes including mass mailing fraud, grandparent scams, romance scams, lottery and sweepstakes scams, IRS and Social Security Administration imposter scams, and technical-support scams.  As noted, the U.S. Attorney’s Office has charged members of transnational criminal organizations who engage in financial exploitation of the elderly.

For more information on enforcement actions, training and resources, research, and victim services, please visit www.justice.gov/elderjustice.

The Office of the United States Attorney for the District of Vermont announced that Marcus Watkins, 35, of Hinesburg, Vermont, was arrested yesterday and charged with possession with intent to distribute cocaine base, a Schedule II controlled substance.  Watkins appeared today by telephone before the Honorable John M. Conroy, United States Magistrate Judge, and was ordered detained pending trial.

According to court records, the Burlington Police Department learned that defendant Watkins was potentially in possession of controlled substances.  Burlington Police coordinated with the Drug Enforcement Administration and the Colchester Police Department to conduct a traffic stop of Watkins’ vehicle for a motor vehicle violation in South Burlington.  A search of the vehicle revealed a corner of a small plastic bag containing suspected cocaine base, and two Ziploc bags containing suspected marijuana.  When advised that he would be arrested for possession of cocaine, Watkins stated he would not go back to jail, and attempted to walk away from the officers.  When the officers attempted to arrest him, Watkins resisted.  A search of Watkins incident to arrest resulted in the seizure of approximately $8,610 from the left front pocket of Watkins’ pants.  When Watkins exited the police cruiser at the Burlington Police Department, another knotted corner of a plastic bag fell from his person onto the floor.  Watkins reacted by trying to step on the bag and grind it into the floor.  Officers then looked into the rear of the police cruiser, and noted numerous knotted bag corners on the seat and floor of the police cruiser where Watkins had been seated.  Some of the baggies had been ripped open, leaving loose pieces of cocaine base scattered around the back seat of the vehicle.  Additional cocaine base was recovered from Watkins’ underwear at the Burlington Police Department.  After booking, Watkins was transported to the Northwest Correctional Facility for lodging.  During an entry search, corrections officers discovered Watkins possessed an additional quantity of cocaine base.  In total, Watkins possessed approximately 12 grams of cocaine base.

Watkins has a lengthy criminal record that includes four prior felony drug convictions.  Watkins was last released from the Federal Bureau of Prisons on September 12, 2019, after having served a 36-month sentence for possession with intent to distribute heroin.  At the time of his most recent arrest, Watkins was serving a term of federal supervised release.

If convicted, Watkins faces a maximum of twenty years of imprisonment.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of the Burlington Police Department, the Colchester Police Department, and the Drug Enforcement Administration. 

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant Watkins is represented by the Office of the Federal Public Defender.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont announced that Korey Stewart, aka “Skip,” “Dash,” “Slim,” “Gutta,” and “Corey Adams,” 37 years old, was sentenced last week to 110 months of imprisonment for conspiring to distribute heroin, fentanyl, cocaine, and cocaine base, and conspiring to launder the proceeds of drug trafficking.  U.S. District Judge Christina Reiss also sentenced Stewart to a 4-year term of supervised release to follow his imprisonment.  In addition, the defendant agreed not to contest the forfeiture of $19,510 in U.S. currency seized during the investigation.

According to Court documents, between approximately 2015 and March of 2018, Stewart conspired with numerous other people to distribute heroin, fentanyl, cocaine, and cocaine base in Vermont, Maine, Connecticut, and elsewhere.  Stewart utilized couriers to transport drugs and bulk currency, and “runners” (typically addicted individuals) to distribute drugs on his behalf.  Stewart also utilized bank accounts for the funneling of proceeds, requiring “runners” and others to make deposits of drug proceeds into a bank account controlled by his girlfriend and co-conspirator, Amber Williams-Eason.  Stewart utilized different aliases in different states, and made frequent use of false identification documents to evade arrest on an outstanding parole violation warrant originally issued in 2012. 

Stewart was arrested by agents of the Drug Enforcement Administration in Bangor, Maine on March 15, 2018, in possession of a cellular phone that was being intercepted pursuant to a federal wiretap order.  Simultaneous to his arrest, agents executed a search warrant at Stewart’s residence in Danbury, Connecticut, seizing numerous cellular phones Stewart had utilized during the three-year conspiracy to organize the drug trafficking organization.

At sentencing, Judge Reiss found that defendant Stewart acted as an organizer and leader of the conspiracy that involved 5 or more individuals, and found that Stewart committed the drug trafficking offense as part of a pattern of criminal conduct engaged in as a livelihood.  Financial records and cash seizures revealed Stewart grossed at least $219,000 from his drug distribution activities over the three-year conspiracy. 

United States Attorney Christina E. Nolan commended the investigative efforts of the Drug Enforcement Administration and the Burlington Police Department, and thanked the Vermont State Police, the Winooski Police Department, the South Burlington Police Department, the New Hampshire State Police, and the Maine Drug Enforcement Agency for their assistance.  Nolan added: “As this case demonstrates, we will continue to work together at all levels of law enforcement to bring serious consequences to those who profit on the backs of struggling Vermont addicts and their families and communities.  Those who line their pockets in the business of addiction are responsible for death and great suffering in Vermont.  We will continue to advocate serious jail sentences for those who engage in this grave offense, and we will collaborate with our law enforcement partners to hold them accountable.” 

“DEA is committed to investigating and dismantling Poly Drug Trafficking Organizations like this one headed by Mr. Stewart, who are coming from out of state and responsible for distributing lethal drugs like fentanyl and heroin to the citizens of Vermont,” said DEA Special Agent in Charge Brian D. Boyle.   “Illegal drug distribution ravages the very foundations of our families and communities so every time we take these poisons off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, state and federal law enforcement efforts and our strong partnership with the U.S. Attorney’s Office.”

Burlington Police Chief Jennifer Morrison stated, “Taking high level distributors off the street is paramount to safe communities.  Those who profit at the expense of addicted Vermonters must be held accountable.  Complex cases like this can only be solved by teamwork and cross-jurisdictional communication.  This case represents a strong effort by many law enforcement partners.”

The United States was represented in this matter by Assistant U.S. Attorneys Jonathan A. Ophardt and Spencer Willig. Stewart was represented by Kevin Henry, Esq. 

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Forces (OCDETF) Program.  OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont stated that Eike Blohm, 38, of South Burlington, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of production of child pornography, and one count of possession of child pornography.  Blohm made his initial appearance to answer the complaint in federal court on May 22, 2020.  At the hearing, U.S. Magistrate Judge John M. Conroy ordered Blohm detained pending trial.  Blohm is next scheduled to appear in Federal court on June 1, 2020.

According to court records and proceedings, an employee at the University of Vermont Medical Center (UVM MC) discovered a camera hidden in a unisex employee bathroom in the Emergency Department.  Investigators with the Chittenden Unit for Special Investigations (CUSI) recovered the camera and discovered approximately 1,300 videos on the camera.  Approximately 900 videos depicted hospital employees in at least two bathrooms at UVM MC.  Approximately 21 videos showed a minor child bathing nude at a location associated with Blohm.  The child’s identity is known to law enforcement, and a number of those videos showed the minor’s genitalia.  In addition, investigators searched, pursuant to a search warrant, Blohm’s iPad.  Investigators found approximately 132 images of child pornography that did not involve the known minor. 

U.S. Attorney Christina Nolan emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Blohm’s sentence will be determined by the advisory United States Sentencing Guidelines and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction. 

U.S. Attorney Nolan commended the efforts of the Chittenden Unit for Special Investigations and Homeland Security Investigations. 

Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, and James E. Burke IV, Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, are handling the prosecution of Blohm.  Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represents Blohm. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

During National Police Week, U.S. Attorney Christina Nolan will honor and recognize the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.

“I want to acknowledge the work performed by federal, state, local and county law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks,” stated U.S. Attorney Nolan. “The nobility and devotion of those in law enforcement is on full display during the pandemic, as our brave women and men in uniform take on added risks associated with the virus to keep all of us safe.  We want them to know they have our unwavering support and appreciation. The Green Mountain State is an extraordinarily attractive place to reside, and that is due, in no small part, to the tireless efforts of officers at all levels of law enforcement to keep us safe. Quietly and consistently, they put themselves in harm’s way to protect their communities, running toward danger when others are trying to escape it. They make decisions every day to stand on the front lines of our campaigns to combat violence, unlawful firearms activity, drug trafficking, and other dangerous crime, and during this challenging time, they shoulder additional and serious health-related risks. This is a tremendous daily sacrifice – on the part of officers, to be sure – but also on the part of their families and loved ones, who support them and hope for their safe return home each day.  Some never make it home from shift, and this week we honor those fallen in the line of duty, who made the ultimate sacrifice to keep us safe.  We must never take for granted their sacrifices and their heroic work.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.   This week, we encourage Vermonters and citizens across the country to remember and honor those who gave their lives so the rest of us can live peacefully and freely.  This National Police Week our nation also celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.

This year, the National Law Enforcement Officers Memorial will add 135 names to the national memorial wall for those killed in the line of duty in 2019.  Fortunately, Vermont did not lose any law enforcement officers in the line of duty in 2019, but they risk their lives every day to promote justice and public safety.  Due to COVID-19 the national and state memorial ceremonies have been cancelled; however, the National Law Enforcement Officers Memorial Fund will host a virtual candlelight vigil on May 13 at 8:00pm to recognize those who will be added to the memorial wall in 2020. You can view the candlelight vigil at www.LawMemorial.org/webcast.
 
During National Police Week, we also seek to raise awareness relating to officer mental health and wellness.  The law enforcement profession is deeply stressful, causing officers to suffer increased rates of heart disease, divorce, alcohol abuse, and major psychological illnesses such as acute stress disorder, post-traumatic stress disorder (PTSD), depression, and other anxiety disorders.  Officer suicides reached 228 in 2019, up from 172 in 2018.  Stigma and fear of job loss can present barriers to seeking help.  We are here for you and want you to seek the help you have earned.  Call 1-800-273-TALK or text “blue” to 741741. 

Get in touch with a police officer this week to show gratitude for their sacrifices.  They need your support.

The U.S. Attorney’s Office in Vermont is proud to help lead the fight against child exploitation, and law enforcement will be ever-vigilant during the pandemic, according to U.S. Attorney Christina Nolan.  She stated: “Children are precious, innocent, and vulnerable, not to mention the future of Vermont.  We can and should be judged by how well we protect them.  The U.S. Attorney’s Office has no tolerance for victimization of our youth during this time of great challenge.  We will do all we can to protect them, including aggressive prosecution of the perpetrators.  We are especially grateful to Homeland Security Investigations (HSI) for its strong partnership and long tradition making investigation of crimes against children a top priority.”   

HSI Boston Acting Special Agent in Charge Michael S. Shea noted, “HSI offices in the Green Mountain State and throughout New England collaborate with partners such as the United States Attorney’s Office in Vermont to bring child predators to justice on a daily basis.  Our society’s current reliance on social distancing measures to combat COVID-19 can expose children to increased internet and social media content.  HSI considers outreach efforts such as this part of a greater strategy to help protect children and educate parents and guardians.”

The internet has always provided a way for predators to locate and harm children.  Because of COVID-19, children are home and spending more time online. Many parents are teleworking, performing the extraordinarily difficult task of balancing work with the needs of their children’s education and all the other demands of childcare. Predators have always sought child victims online, and they are seeking to take advantage of the shifting home dynamics caused by the pandemic. Children are vulnerable to a variety of forms of online predatory behavior, from sexual exploitation to financial crime. According to HSI, during the pandemic period, there has been a 150 percent increase in reported incidents in Vermont of online child exploitation and attempted exploitation.  These reports include incidents of cybercrime against children and child extortion.
 
Vermonters should be assured that law enforcement in the Green Mountain State – at the federal, state, local, and county level – works as a team every day to combat internet crimes against children, and we are ever-vigilant during this pandemic.  We thank all agencies, and in particular, HSI and the Vermont Internet Crimes Against Children Task Force for their close daily partnership to protect children in Vermont and around the world.  

Please review the following resource designed to keep children, families, and the general public informed. A flyer called “Internet Safety Tips for Parents and Guardians” can be viewed at /media/1066376/dl?inline.

To report a child exploitation crime or concern call the CyberTipline: 866-347-2423. Your call will be routed to the appropriate resources based here in Vermont. 

Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The Office of the United States Attorney for the District of Vermont stated that Kevin Spear, of Plymouth, Vermont has been charged by criminal complaint in the United States District Court for the District of Vermont with one count of making threats over the Internet and one count of assaulting a person assisting federal agents in the performance of official duties.  Spear is presumed innocent of these charges until and unless convicted following trial or guilty plea.

According to the criminal complaint, last week agents of the Federal Bureau of Investigation, working with the Windsor County Sheriff's Department and the Vermont State Police collaborated to execute a search warrant at the Plymouth, Vermont residence of Kevin Spear.  When uniformed law enforcement attempted to take Spear into custody, Spear head-butted a sergeant with the Sheriff’s Department, causing injuries.  In addition, the complaint alleged that Spear had made a series of threatening communications over the Internet over the last several months, including one or more directed at the CEO of YouTube. 

Court filings also show that during the search of Spear's residence last Tuesday, Agents found a semi-automatic assault-style rifle sitting uncovered on a bed next to a window overlooking the public area in front of Spear's residence, along with several high-capacity rifle magazines containing ammunition for the weapon.  Agents found approximately 270 additional rounds of ammunition for the weapon by the bed.  The online statements attributed to Spear included:  "im [sic] going to . . . kill as many people as i [sic] can haha want to join?"  A cell phone found in Spear's room had a user-assigned name of "I kill police for fun."

Spear had his initial court appearance in a telephonic hearing before United States Magistrate Judge John M. Conroy.  The United States requested that Spear be detained based on dangerousness.  Following argument on the motion, the Court ordered that Spear be remanded to the custody of the United States Marshal's Service.

United States Attorney Christina Nolan praised the teamwork of federal, state, and local law enforcement officers involved in the investigation and arrest.  She stated:  “As we approach National Police Week and continue to work together to promote justice and public safety during the pandemic, we should also keep at the front of our minds the heroism of law enforcement.  Law enforcement officers put themselves in harm’s way every day to protect us before the pandemic hit; now, our first responders are taking on additional risks related to virus exposure in order to keep us safe.  We will never tolerate assaults on our brave men and women in uniform, nor will we tolerate threats or other forms of violence in Vermont.”

The Federal Bureau of Investigation investigated the matter in collaboration with the Windsor County Sheriff's Department, the Vermont State Police and the Ludlow Police Department.

Spear is represented by Maryanne Kampmann, Esq.  Assistant United States Attorney Michael Drescher is the prosecutor.

The Office of the United States Attorney for the District of Vermont stated that Gregory Moody, 39, of Colchester, Vermont was sentenced today to 54 months in prison for robbing a T.D. Bank in St. Albans, Vermont and a Community Bank, NA in South Burlington, Vermont in March 2019.  U.S. District Judge William K. Sessions III also ordered that Moody receive a three-year period of supervised release following the term of imprisonment.  The Court ordered Moody to pay restitution of $2500 to T.D. Bank and $830 to Community Bank, NA.

According to court records, on March 22, 2019, Moody entered the T.D. Bank in St. Albans and demanded money from a bank teller.  The bank teller gave Moody $2,500 in cash, and he left the bank.  Less than one week later, on March 28, 2019, Moody stole an unoccupied minivan and drove to the Community Bank, NA in South Burlington.  Moody entered the Community Bank and, again, demanded money from a bank teller.  The bank teller gave Moody $830 in cash, and Moody walked out of the bank to the stolen minivan, which was located later in Hinesburg, Vermont.

After coordination between the St. Albans Police Department and the South Burlington Police Department, Moody was identified as the bank robber for both robberies.  The Federal Bureau of Investigation joined the investigation and worked in partnership with the St. Albans Police Department and the South Burlington Police Department to the conclusion of the case.  The government was represented by Assistant U.S. Attorney Nikolas P. Kerest. Gregory Moody was represented by Steven Barth, Esq., of the Office of the Federal Defender.

Burlington - United States Attorney General William Barr has directed Assistant Attorney General for Civil Rights Eric Dreiband and Christina Nolan, the U.S. Attorney for the District of Vermont, to oversee and coordinate the Department of Justice’s efforts to address this issue during the current pandemic.

As the COVID-19 pandemic has impacted the ability of many people to timely pay rent and increased housing insecurity, the Department of Justice has heard reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and the Department of Justice stands ready to investigate such allegations vigorously and pursue enforcement actions where appropriate.

“It is always despicable to exploit vulnerabilities by sexually harassing those in need of housing,” said U.S. Attorney Christina Nolan. “Doing so during a global pandemic, when so many are struggling just to make ends meet, is particularly abhorrent.  We thank those in our communities, including landlords and property owners, who are coming together to support those who are hardest hit financially.  Sadly, there are some who do the opposite, by sexually exploiting those afraid of losing their homes.  This conduct will not be tolerated, and they will be held accountable.” The U.S. Attorney’s Office for the District of Vermont will work closely with state and local partners to identify any incidents of sexual harassment in housing and will use all available enforcement tools against perpetrators.

“The Fair Housing Act authorizes the U.S. Department of Justice take swift action against anyone who sexually harasses tenants,” said Eric Dreiband, Assistant Attorney General for Civil Rights.  “Landlords, property owners, and others who prey on vulnerable tenants during the COVID-19 pandemic should be on notice. We will bring the full resources of the United States Department of Justice to the fight against sexual harassment in housing. We will defend the right of tenants and their families to live peacefully and securely in their homes without the added stress, pain, fear, and turmoil of dealing with sexual predators.”

The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division of the Department of Justice, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.

Launched in 2017, the Initiative has filed 14 lawsuits alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades.  Some victims do not know that being sexually harassed by a person in control of their housing can violate federal law.
 
The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.

The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing fairhousing@usdoj.gov.

Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office by filling out the Complaint Form, which can be found at https://www.justice.gov/usao-vt.

Crime Victims’ Rights Week is a nationally recognized annual commemoration in April set aside to celebrate and acknowledge the hard and dedicated work of victim advocates, as well as to promote victims’ rights and services.  Normally, during the designated week, we hold a daylong event, bringing in nationally recognized speakers, culminating with an afternoon awards ceremony to recognize the outstanding victim advocates in the State of Vermont.  Due to the unprecedented times we are facing, this in-person event has been cancelled, and we will be sending a newsletter and mailing awards to recipients instead.  Let us not forget, though, that it is in times like these – where criminals could seek to prey on the vulnerable – that we need our advocates and attention to victims’ needs more than ever.  We cannot lose sight of the rights of victims during this pandemic. 

The U.S. Attorney’s Office did not want the week to go by without praising all of the state, federal and local advocates that continue to provide much needed services throughout the State of Vermont.  Thank you for selflessly empowering, supporting, and rescuing victims.  Thank you for your heroic work. 

During this week, the U.S. Attorney’s Office also wanted to call attention to a valuable victim resource directory, which you can find on-line at www.justice.gov/usao/vt.  This guide is continually updated with resources for victims of crime.

The U.S. Attorney’s Office is here to support our advocates and stands ready to join you in fighting for victims of crime.  Now, more than ever, we must be vigilant to safeguard those who may suffer from crime – from domestic violence and gun violence, to child exploitation, fraud, and drug trafficking.  Together, we will protect them and vindicate their rights. 

The Office of the United States Attorney for the District of Vermont announced that Joshua Brissette, 35, of Burlington, Vermont, was charged this morning by criminal complaint with being a felon in possession of a firearm and possessing a firearm after having been convicted of a misdemeanor crime of domestic violence.  A federal arrest warrant was issued for Brissette, who remains in the primary custody of the State of Vermont.  A date for Brissette’s initial appearance in federal court has not yet been scheduled.

According to court records, on April 13, 2020, at approximately 6:18 pm, Burlington Police officers responded to reports of a shooting in the area of 44 North Union Street in Burlington, Vermont.  The victim had been shot once in the chest, and stated that “Josh” had shot her.  “Josh” was determined to be Joshua Brissette, who stole his roommate’s car, drove to the victim’s location, and discharged multiple rounds in the direction of both the victim and her husband.  Brissette then fled the scene, and attempted to dispose of the firearm at a Winooski gas station.  The station clerk located the firearm, a Mossberg model MC1 9 mm pistol, and contacted the police.  A search of Brissette’s residence located an empty Mossberg pistol box, two empty boxes of ammunition, and receipts for the gun and ammunition.  A loaded pistol magazine was located in Brissette’s roommate’s car.

Brissette has five felony convictions, including a 2012 escape-from-furlough conviction and a 2016 felony conviction for Driving Under the Influence – Third.  In addition, Brissette was charged with felony aggravated domestic assault in 2016, which resulted in his conviction for misdemeanor domestic violence.  The victim of Brissette’s prior conviction for domestic violence was the same victim as the shooting on April 13, 2020.

If convicted, Brissette faces a maximum of ten years of imprisonment, which could be imposed to be served consecutively to any sentence imposed in the pending state case.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of the Burlington Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  She stated:  “The U.S. Attorney’s Office will continue to show zero tolerance for domestic violence.  We will use our federal gun statutes to prevent these crimes and to bring justice to offenders.  We look forward to continued support of, and collaboration with, state prosecutors to combat domestic violence in Vermont.” 

The United States is represented in this matter by Assistant U.S. Attorney Wendy Fuller.  Defendant Brissette is not yet represented by counsel in the federal case. 

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities. 

For more information, please see https://www.justice.gov/projectguardian.

Christina E. Nolan, the United States Attorney for the District of Vermont, announced today that the public document repository required by the January 27, 2020, Deferred Prosecution Agreement (“DPA”) between her office and electronic medical record vendor Practice Fusion, Inc. is now live.  The DPA provisionally resolved Practice Fusion’s criminal conspiracy and violation of the Anti-Kickback Statute in connection with soliciting and receiving remuneration from an opioid company (“Pharma Co. X”) in exchange for creating and embedding clinical decision support alerts in Practice Fusion’s health record’s software to influence physician ordering of extended release opioids.  Under the terms of the DPA, Practice Fusion is required to host a website containing documents underlying the criminal conduct.

“This first-of-its-kind public document repository is an important component of our resolution with Practice Fusion and provides transparency as to the conduct underlying this resolution,” said Christina E. Nolan, United States Attorney for the District of Vermont.  “The public has a right to understand how Practice Fusion promised to use its medical technology in ways commercially favorable to itself and an opioid company.” 

The website containing links to over four hundred (400) documents is available at:  

https://www.pfdatabasedistrictofvermontsettlement.net/.  

Information about the Government’s January 27, 2020 resolution with Practice Fusion, including links to the Government’s Information, DPA, and other court filings, is available at:  

https://www.justice.gov/usao-vt/pr/electronic-health-records-vendor-pay-largest-criminal-fine-vermont-history-and-total-145

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

The Office of the United States Attorney for the District of Vermont announced that Leroy Brown, Jr., 41, of McDonough, Georgia, was arrested yesterday after having been charged with multiple counts of distribution of cocaine base, a Schedule II drug.  Brown appeared before the Honorable John M. Conroy, United States Magistrate Judge, and was released on conditions.

According to court records, the Vermont State Police’s Southeastern Vermont Drug Task Force began investigating Brown in December of 2019, and, in January of 2020, was joined in the investigation by the Federal Bureau of Investigation.  Law enforcement conducted multiple controlled purchases of cocaine base from Brown at the Econo Lodge in Brattleboro, Vermont.  Specifically, on January 27, 2020, a cooperating individual purchased approximately 11 grams of cocaine base from Brown inside Brown’s room at the Econo Lodge.  On March 13, 2020, the cooperating individual purchased approximately 9 grams of cocaine base, also while inside Brown’s motel room. 

If convicted, Brown faces a maximum of twenty years of imprisonment on each count.  The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Christina E. Nolan commended the investigative efforts of the Vermont State Police and the Federal Bureau of Investigation.  She stated: “We remain ever vigilant in our efforts to root out drug trafficking in every corner of the state.  Those who would attempt to profit from addiction or despair will be held accountable – in this time of emergency as always.” 

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Defendant Brown is represented by the Office of the Federal Public Defender.

U.S. Attorney Christina E. Nolan has announced that her office will prioritize the investigation and prosecution of fraud schemes, and other crime related to COVID-19 that seek to exploit the public or harm the vulnerable during this national health emergency.  U.S. Attorney Nolan urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or emailing the NCDF at disaster@leo.gov.

U.S. Attorney Nolan stated: “While Vermont unites to respond to the spread of COVID-19, we are aware that some may try to profit by capitalizing on perceived vulnerabilities.  The community should know that my office is committed to holding anyone who commits crimes related to COVID-19 accountable for their conduct.  We will respond with criminal accountability to those who would sell fake cures online, send phishing emails from entities posing as the World Health Organization or Centers for Disease Control and Prevention, or engage in other types of criminal conduct related to COVID-19.  Moreover, as to property crimes, there are a number of federal laws that may be brought to bear to address that form of exploitation.  We are committed to enforcing the law and protecting Vermonters and will be creative and aggressive in so doing.” 

Scammers have already devised numerous methods for defrauding people in connection with COVID-19.  They are setting up websites, contacting people by phone and email, and posting disinformation on social media platforms. Some examples of scams linked to COVID-19 include:

• Testing scams: Scammers are selling fake at-home test kits or going door-to-door performing fake tests for money.
• Treatment scams: Scammers are offering to sell fake cures, vaccines, pills, and advice on unproven treatments for COVID-19.
• Supply scams: Scammers are creating fake shops, websites, social media accounts, and email addresses claiming to sell   medical supplies currently in high demand, such as surgical masks. When consumers attempt to purchase supplies through these channels, fraudsters pocket the money and never provide the promised supplies.
• Provider scams: Scammers are contacting people by phone and email, pretending to be doctors and hospitals that have treated a friend or relative for COVID-19, and demanding payment for that treatment. Medical providers are also obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
• Charity scams: Scammers are soliciting donations for individuals, groups, and areas affected by COVID-19.
• Phishing scams: Scammers posing as national and global health authorities, including the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC), are sending phishing emails designed to trick recipients into downloading malware or providing personal identifying and financial information.
• App scams: Scammers are creating and manipulating mobile apps designed to track the spread of COVID-19 to insert malware that will compromise users’ devices and personal information.
• Investment scams: Scammers are offering online promotions on various platforms, including social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure COVID-19, and that the stock of these companies will dramatically increase in value as a result. These promotions are often styled as “research reports,” make predictions of a specific “target price,” and relate to microcap stocks, or low-priced stocks issued by the smallest of companies with limited publicly available information.

The U.S. Attorney’s Office urges Vermonters to take the following precautionary measures to protect themselves from known and emerging scams:

• Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
• Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
• Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
• Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
• Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
• Ignore offers for a COVID-19 vaccine, cure, or treatment. Should there be a medical breakthrough, you will not hear about it for the first time through an email, online ad, or an unsolicited sales pitch.
• Check online reviews of any company offering COVID-19 products or supplies.  Avoid companies whose customers have complained about not receiving items.
• Research the websites of charities soliciting donations in connection with COVID-19 before giving. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website. (www.ftc.gov.)
• Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
• Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand.  For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website. (www.sec.gov)
• For the most up-to-date information on COVID-19, visit the Centers for Disease Control and Prevention (www.CDC.gov ) and World Health Organization (www.WHO.int ) websites.

U.S. Attorney Nolan has appointed Eugenia Cowles, Assistant U.S. Attorney and Criminal Division Chief, as the Office’s COVID-19 fraud coordinator.  She will serve as legal counsel for the federal judicial district of Vermont on matters relating to the Coronavirus. AUSA Cowles will coordinate investigations and direct the prosecution of Coronavirus related crimes.

If you or someone you know believe you’ve been the target or victim of an outbreak-related fraud scheme, please contact the FBI’s Internet Crime Complaint Center (IC3) by visiting www.IC3.gov. If you or someone you know are in immediate danger, please call 911.

The U.S. Attorney’s Office COVID-19 fraud coordinator will be notified of tips submitted via the above reporting method.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.